Can a small service company still sue me for defamation if I only shared facts about a bounced cheque and broken promises?

Community Forums Legal Advice India Can a small service company still sue me for defamation if I only shared facts about a bounced cheque and broken promises?

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    • #1629 Reply
      Indianowl5162
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        Indianowl5162
        PARTICIPANT
        May 6, 2025 at 6:39 am
        Hi everyone — I need legal advice from someone with experience or legal knowledge. I’m stuck in a stressful situation and want to protect myself.

        A few months ago, I took a paid business service from a company. As part of the deal, they promised to return some amount (credit/refund) after I made a payment. They later gave me a **cheque**, but it **bounced**.

        After that, they admitted in emails and messages that they owed me money (around ₹2.5 lakhs) but kept delaying with excuses and giving new dates.
        Their cheque got bouced after the date they cofirm that they will give payment from offical mail id.

        Out of frustration, I did the following:

        * Sent **fact-based emails** to people in **their company** and also to **another partner company** they were working with — just explaining my experience and asking for help.
        * Wrote an **honest Google review** (no abuse) and posted **their team’s public Facebook photos** to identify the people involved — later removed those photos.
        * I also visited their office once. There was a **verbal argument**, but no violence or threats — I just asked for my money. I have **video recordings** of the conversation as proof.

        Now, I’ve received a **legal notice** saying I defamed them, shared private images, and caused public embarrassment. They’re demanding an apology and threatening a ₹60 lakh case and police action. They’ve also started calling and pressuring me through different numbers.

        # What I Need Advice On:

        1. If everything I shared was **truthful, polite, and supported by proof**, can they **still win a defamation case**? what will be **cost and time** to fight this?
        2. I’m thinking to **send a strong reply + Section 138 cheque bounce notice** through my lawyer — will that **fully protect me**?
        3. I don’t want to go to court or deal with stress — is there a way to **end this cleanly** and make sure **they can’t do anything to me later**?
        4. If I **apologize now(just 1% for mental piece)**, can they **still file a case later** when I won’t be able to send any legal notice?

        I just want **mental peace**, not fear. I’m okay to spend ₹2–3 lakhs on a good advocate if it guarantees that **no false case or police pressure** will happen again.

        If any lawyers or people who’ve handled such cases can give me best advice here at this point of time and anticipate what will happen now.?
        They are doing this scam since long with multiple people.

      • #1631 Reply
        Mightysana5089
        Participant
          M
          Mightysana5089
          PARTICIPANT
          May 6, 2025 at 6:49 am
          Practising Advocate here. If the contents that you published or sent to other people are true, then it is not defamation. My suggestion would be to reply to the Legal Notice strongly and demand the unpaid dues. Section 138 Notice has to be mandatorily sent within 30 days from the date of receipt of information from the bank regarding the return of the cheque as unpaid. There is no way to end this cleanly because if you apologise, it would be on paper that you made a mistake, and the dues that you are claiming are not true.

          I would suggest getting in touch with a lawyer and take things ahead accordingly. In the alternative you can also connect with me for more guidance.

        • #1630 Reply
          Desiknight9081
          Participant
            D
            Desiknight9081
            PARTICIPANT
            May 6, 2025 at 6:50 am
            Hi. I’m a Delhi based lawyer. Will be glad to discuss.

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