No he can’t file a false FiR or defamation in above case you don’t worry. You can contact me for further assistance if required through kaanoin
Police closing the FIR with C Summary report. Any impact on me?
I lended 5 Lacs rupees to a known person in year 2020. It was through cheque hence well documented. Despite repeated reminders(mails and whatsapp) and legal notice, he didn't return the money till 2021. Hence in late 2021 after consulting few friends, I filed a police complaint which was then converted to FIR under section 420 of IPC. After 18 months, I last week got a call from Police Station that they are submitting a closure report for FIR with "C summary" report with advice that You need to file a civil case. As per police, it is a civil case. One of my friend told me that accused can now file a case of defamation and False FIR against me. This is worrying me. Please suggest what is C summary report and can accused file a counter FIR against me or a defamation suit. Thanking in advance,
Asked 1 year ago in Criminal Law
Religion: Hindu
13 Answers
It is correct that lending of money is a civil wrong and non payment of loan amount is a civil dispute and as such no criminality is involved. You seem to not have been properly advised by your friends who had advised you to file police complaint under section 420 IPC of cheating. Always consult a competent lawyer. If there was cheating as per your version then how you can recover such money which you also claim to have been lended by you to your friend? Mere filing of police complaint or FIR does not amount to defamation. Nevertheless, sending of legal notice indicate and confirm civil dispute. You have good case. File suit for recovery. No case of defamation is made out. Go strategically.
File protest petition in court against the closure report
both civil and criminal case can be filed against the borrower
You will get a notice from court asking for your objections to close the FIR on the basis of police closure report.
You can strongly object to this and seek to convert this as private complaint under section 200 cr.p.c and you can prosecute individually through your lawyer.
Simultaneously you can file a civil suit for recovery of money.
The suggested steps would nullify his idea to file defamation case against you
- As per law, a 'C summary' report is issued by the police in a matter when the criminal case is registered due to mistake of facts or the offence complained about is of a civil nature.
- Since, the police has already informed you that he is going to submit the closure report for FIR before the court on the ground of C summary report , it means that the said FIR will be cancelled. by the Court.
- Further, as he has taken amount from you , then you can file a recovery suit before the court for getting the refund of the amount with interest
- Further, as you have given the said amount through cheque , then there is much chances to get order in your favour.
- Further, report of such transaction not come under defamation .
Immediately file a protest application against the final report filed by the police. Share the documents for a concrete advise.
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. Please understand that in case of Uma Shankar Gopalika Vs. State of Bihar and Another reported in (2005) 10 SCC 336 it was held by Hon'ble Supreme Court that it is a well-established principle of law that every breach of contract or every dispute under an agreement does not amount to the offence of cheating. It would amount to cheating only in those cases where there was any deception played at the very inception. To establish the offence of cheating, the accused should be shown to have had fraudulent or dishonest intention at the time of making promise or representation.
However, if in your case you can prove anyhow through some documentary evidence that fraudulent or dishonest intention was there at the beginning of the transaction, then you can file a protest petition so as to challenge the c-summary report which you are entitled to. C-summary report is issued when the offence committed looks to be of civil nature.
If the protest petition is accepted then the Magistrate takes cognizance of the matter under section 190 of Code of Criminal Procedure and issues notice.
Action can be taken against you if the other side press for it for defamation. Detailed discussion is required in such cases with complete documents.
You may contact my secretary to connect with me for clarification.
Gopal Verma
Advocate on Record
Supreme Court of India
Thanks. I am now clear that accused cannot file a counter FIR against me. Regarding defamation, I need further clarity. Which of the following is true. -Does filing of police complaint or FIR amounts to defamation after FIR closes with C Summary. -Statements written in FIR amount to defamation?
Asked 1 year ago
Statement s written in FIR is not defamation
truth is best defence in defamation cases
The complaint to police cannot be considered as a defamation.
The police after investigation and taking cognizance of the offence, subsequently the case if dismissed by court, then the accused can take action against police for malicious prosecution.
But the accused cannot file case for defamation against the defacto complainant.
It is incorrect that accused cannot proceed against you for defamation etc. If you file settlement only then accused may not proceed against you subject to term of settlement.
Mere making complaint or giving statements to police is not defamation unless the same is known to public at large and adversely effecting the accused and his reputation in society.
Only it’s closes then you with C summary you can file defamation against him
- Filing of FIR not amounts to defamation.
- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain.
- Since, you have given amount to that person , hence you was having right to take legal action against him ., and even you have right to file a recovery suit before the court .
Dear client,
A "C summary" report, also known as a closure report, is typically filed by the police when they conclude that a criminal case does not have enough evidence to proceed further. It means that the police have determined that the case does not require further investigation or prosecution.
If the police have filed a closure report in your case, it indicates that they do not believe there is sufficient evidence to pursue criminal charges. However, this does not prevent you from pursuing your claim in a civil court.
Regarding the possibility of the accused filing a counter FIR or a defamation suit against you, it's important to understand that anyone can file a complaint or lawsuit. However, the success of such a complaint or lawsuit depends on the merits of the case and the evidence presented. If you have valid evidence to support your claim and have acted in good faith, it may help in defending against any potential counterclaims.
To address your concerns, it is advisable to consult with a lawyer who specializes in criminal law and defamation cases. They will be able to review the specifics of your situation, assess the potential risks, and provide you with the most accurate legal advice based on the relevant laws and regulations in your jurisdiction.
It's important to remember that the information provided here is general in nature and may not apply directly to your specific case. Consulting with a legal professional will ensure that you receive personalized advice tailored to your situation.
