Dear Sir / Madam, I just want to know that how can my father file a defamation case for making false accusation. Introduction: My Father (Sh. Rameshwar Dayal Tyagi), Age-68 Year, is a Retired Teacher from U.P. State Govt. and got GovernerAward for best teacher in District Meerut, he was also associated with Uttar Pradesh Madhyamik Sikshak Sangh for 25 year, he was the District meerut Mantri of the Sikshak Sangh. after retirment still he is a active member of Retired Teacher association and represent the District Meerut, Case: My father and his elder brother (my Tauji) have a property (Agriculture Land) dispute from last 18 years, recently my father win the case and get the property ownership in 2015. so in December 2017 my father take Rs. 300000 loan under Kisan Credit Card Scheme against this owned Agriculture Land, Now on 07/03/2018 he received a notice through Registered post, notice send by Papa's Elder brother (My Tauji) Advocate. in that notice he address to the District Magistrate Meerut, Branch Manager, Allahbad Bank and My Papa, in that notice he stated that Mr. Rameshwar Dayal Tyagi taken this Rs. 300000/- KCC loan with Fake documents and cheated to the bank, he also asked for the inquiry for the same. all accusation make by His Advocate are False and Base less, Dear Experts, kindly help us in this case and suggest us how to file a defamation case for this false written accusation in District Court Meerut, What is the procedure for the same. my father is a very socially known person, Thanks & Regards Nikhil Pratap Tyagi
1) your father should issue legal notice to his brother to with draw false and defamatory allegations made and tender an unconditional apology
2) if he fails to do so file complaint of criminal defamation under section 500 of IPC
3) also file suit for damages
Dear Client,
No Defamation case made out, neither Lawyer liable as notice is sent on behalf of your uncle.
Dear Adv. Ajay Sethi ji, Can u suggest what is the point we will cover in our legal notice to second party, and what is under Section 500 of IPC. Thanks
1) section 499 of IPC
Section 499 in The Indian Penal Code
499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.
2) section 500 of IPC
500. Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
3) legal notice mention about notice sent to DM , BM bank making false defamatory statements against father . seek unconditional apology
Notice is a private document so in case allegation in notice shall be replied and no case of defamation is maintaible in case of notice.
In case the notice is public or circulated in thrid party than there is defamation under section 499 ipc and punished under 500 ipc.
Also a civil suit for damages is available
Hello sir , defamation case is filed under section 500 IPC .. You can file a complaint directly in court .. Priorly send a legal notice to him asking for the compensation for the damages that he has caused due to false allegations and defamation
1. Do no worry about the notice. on the basis of such unfounded allegation no case would be filed for sure.
2. So reply the notice stating the basis of title and taking of loan on the basis of such loan.
3. So the reply is to be drafted strongly and engage an advocate to draft such notice in sch manner.
4. In the reply you can also mention about the possibility of initiating the defamation case.
Kindly contact a local lawyer at Meerut if you have any contact then it's ok otherwise u can contact me.
Well there are two ways to get your problems solved
Send a legal notice and then file a suit
Lodge a complaint in court u/s 500 IPC
Send a reply to this legal notice through an advocate, denying all the false and concocted legations levelled upon your father.
You also have an option to file a defamation suit.
Section 500 defines the defamation, and we will cover in the legal notice all the facts whoch are leading to the defamation
Refer to the section at the following link
https://indiankanoon.org/doc/1408202/
Regards
Your uncle committed an offence by giving false and fabricated information to the public servant which is punishable under section 182 and 500 of the Indian Penal Code . You should move a complaint under section 200 of the code of criminal procedure for taking action against your uncle. The magistrate after receiving your complaint can order preliminary investigation under section 202 of the code of criminal procedure or taking cognizance on the complaint and issue summon under section 204 of the code of criminal procedure.
No need to give notice to the accused because according to section 2(d), 199 and section 200 of the code of criminal procedure, victim can file a complaint directly to the magistrate without giving any notice to the accused. Do not waste time in giving notice to to the accused. Contact a good advocate and file complaint under section 200 of the code of criminal procedure.
Defamation is an offence as well as a civil wrong. If you want to initiate criminal proceeding for the offence of defamation punishable under section 500 of the Indian Penal Code then you should move a complaint. If you want to initiate a civil proceeding for the compensation only then you should give a legal notice before filing the civil suit. Legal notice is not mandatory if you want to initiate criminal proceeding against accused.
You have stated that he had sent a letter to the District magistrate about this.
What is the reaction or result on that complaint made by your tauji?
Was there any summon by DM to your father calling for inquiry on the basis of the complaint?
First of all attend the inquiry, if any, clear all the issues there, prove the complaint as wrong and malicious.
Once it is proved that his complaint is false and had been done to malign your father's name and reputation, your father can send a legal notice for defamation and can demand proper compensation in the same notice.
Failing to invoke any response he may file case both under criminal and civil laws for defamation against him.
Can u suggest what is the point we will cover in our legal notice to second party, and what is under Section 500 of IPC.
A criminal complaint under section 500 IPC can be filed before concerned judicial magistrate court for the reasons that he had maligned his name and spoiled his reputation in the society by giving this false complaint on the basis of the false and fake documents.
Your advocate will be able to elucidate more on such points based on your narration of all such incidents and he will be able to prepare an effective pleadings accordingly.
A defamation suit or proceedings are not maintainable against advocate may be it is civil or criminal offence. Your can file the same in person capacity against the tauji if you prove in Court that said allegations are defaming, baseless and concocted.
