Sec 138 ni act party in person
IamSandeep
(Querist) 05 September 2015
This query is : Resolved
Respected Members,
Can you please advise me on my below questions.
1.On what grounds Magistrate dismiss frivolous & false complaint u/s 200-203 of crpc in pre-summons stage.
2.Can I get complete set of copy of complaint alongwith evidences submitted by complainant before appearing on date given by court.if yes then under which section.
3.Can anybody provide me draft of Application format u/s 145(2) for recalling witness for examination who has given statement on affidavit
4.Can anybody provide me draft of Application u/s 254(2) for getting some documentary evidences from complainant
V R SHROFF
(Expert) 05 September 2015
Respected Members,
Can you please advise me on my below questions.
1.On what grounds Magistrate dismiss frivolous & false complaint u/s 200-203 of crpc in pre-summons stage.
2.Can I get complete set of copy of complaint alongwith evidences submitted by complainant before appearing on date given by court.if yes then under which section.: ANS : APPLY FOR TRUE COPY OF ALL EXH
3.Can anybody provide me draft of Application format u/s 145(2) for recalling witness for examination who has given statement on affidavit
4.Can anybody provide me draft of Application u/s 254(2) for getting some documentary evidences from complainant
DRAFTS & ACADEMIC QUERIES NOT REPLIED.
IamSandeep
(Querist) 05 September 2015
Dear Mr.Shroff
My queries are not academic. Those are for preparation purposes of a sec138 case.
SAINATH DEVALLA
(Expert) 05 September 2015
Adding to the reply given by Adv.Shroffji,U said preparation purposes of sec 138 case, can U clarify
Rajendra K Goyal
(Expert) 05 September 2015
Drafts formats not supplied. academic query not replied.
IamSandeep
(Querist) 05 September 2015
Dear Mr.Devalla
I had given a blank signed cheque to my employer as a security at joining. I left this company without giving notice because I had some argument with employer. Even my employer hold my salary.when i left company I made stop payment of cheque and informed employer to return cheque back to me. Now employer deposited this cheque without informing me which bounced. Employer sent demand notice for payment saying this cheque was given for performance guarantee.Now I want to defend the case as party in person if employer will file case u/s 138.
As per my knowledge sec 138 is not applicable to this security cheque since it was not issued for payment of any existing debt or liability.
IamSandeep
(Querist) 05 September 2015
Dear Mr.Devalla
I had given a blank signed cheque to my employer as a security at joining. I left this company without giving notice because I had some argument with employer. Even my employer hold my salary.when i left company I made stop payment of cheque and informed employer to return cheque back to me. Now employer deposited this cheque without informing me which bounced. Employer sent demand notice for payment saying this cheque was given for performance guarantee.Now I want to defend the case as party in person if employer will file case u/s 138.
As per my knowledge sec 138 is not applicable to this security cheque since it was not issued for payment of any existing debt or liability.
Raj Kumar Makkad
(Expert) 06 September 2015
You can definitely defend your case and if there is no legally enforceable debt on the day of the issuance of the cheque, the complaint is liable to be dismissed in that event.
SAINATH DEVALLA
(Expert) 06 September 2015
Initially instead of mentioning UR cheque bounce case U were dealing with other sections.
Engage a competent lawyer in UR place and fight the case on merits proving that the cheque issued was security cheque to the employer.
Did the employer deposited the cheque in his name or in the name of the company or in somebody else name?
