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Madhu Mittal   29 February 2024 at 18:50

At revision level, whether need to make accused parties

Sub: At revision level, whether need to make accused parties when cognizance is not taken against Firm as well as non-signer partners of cheque when averments against all in complaint as well as notices to all, no reply by any partners
A loan of Rs. One lac was given to a Partnership Firm having three partners on the basis of Post dated cheque of Partnership Firm with the consent of all partners. When the cheque was presented for payment on its date, the said cheque is dishonored. A legal notice by Rgd post was given to Partnership Firm as well as all three partners, duly got by them but no reply from any of them. But before lodgment of complaint u/s 138, 12 posted cheques were handed over on behalf Partnership Firm signed by only one partner with the consent of all. When presented all 12 cheques were dishonored, all were dishonored. First 11 complaints were lodged and cognizance for all were taken by the same Trial Court. For 12th cheque, procedure was changed and the court which will deal, was allotted by Chief Judicial Magistrate, so this cheque was dealt by another Court. And that another court took cognizance only of the partner who signed the cheque while there were sufficient averments that at the time of First post dated cheque and at the time of taking 12 post dated cheques, all partners were incharge and responsible for working of the Firm and all are involved both time when loan is given + one post dated cheque was given and when second time 12 postdated cheques were given . Thus cognizance against Firm and remaining two partners were not taken. Aggrieved by this new court, Revision was filed in ADJ court making only Govt of Rajasthan as Respondent. Citation of Supreme Court Micromax_Informatics_Limited_vs_Meenu_Goyal_on_12_March_2021 sc (in which it is stated only averments in complainant to be seen at the time to taking cognizance, even reply given by accused was not to be seen ) and citation of Bommidi Madhu Sudhanrao vs. Kallapu Ramesh and Anr. (09.11.2010 - APHC) of Andhra Pradesh High Court (it was stated at point 3. Though notices are sent to the Respondents 1 and 2 the same are not returned unserved. However as the point involved in the present case is between the court and the Petitioner, this Court is of the view that there is no need for this Court to hear the Respondents 1 and 2.) was handed over to ADJ Court, but ADJ Court insisted that Firm as well as all partners should be made Respondents.
Now what I want to know is that when even reply of accused not to be seen at the time of taking cognizance as per above SC ruling and matter is between Court and Complainant at the time of Cognizance, How to pursue ADJ Court not to insist to make Firm and partners as respondents as there will be of no use of them whatever they say, only averments in the complain to be seen. Any citation.

Anonymous   29 February 2024 at 01:18

Can sho send notice under crpc 91 to the accused?

In August 28, 2023 my neighbours attacked my house and physically assaulted me and abused me with obscene language under instigation from local politician.
But, Police have filed FIR (IPC 448, 506, 509) against me and on my husband, based on the complaint by the same neighbours on Dec 4, 2023 without any preliminary enquiry and without our knowledge. served the 41 A notice on 21-01-2024. This SI who is very corrupt and filed this false case on me, now, on 21-02-2023, send me a new notice under crpc 91 to produce video recordings related to the incident which is is very essential to us to prove our innocence. we dont like to submit the evidence to this SI as he may send its copies to the said politician (who is the main creator) and may use them against me (and even destroyed them - is it possible). This SI is not honest person and dangerous. shall have to submit to this crpc 91 notice without any other option? can i reject to submit the evidence? can i submit the evidence to the judicial magistrate instead of this corrupt SI? Now case is under investigation stage, charge sheet not filed. Kadiyala Simhachalam Vijaya Kumar vs Govt of AP, W.P No.28470 of 2021, (APHC) has any relevance to my condition?

HARISH PARMAR   28 February 2024 at 23:22

Fir in advance

AS CBI REGISTERED FIR ON 30.11.2023 AT 10.40 AND INDICATED THE INCIDENT WHICH WAS HAPPENED ON SAME DAY i.e. 30.11.2023 at 16.00 .
on that BASIS CBI arrested me , i approached HIGH COURT for quashing of FIR under section 482 ,
Experts kindly guide me

Abdul Majid Visharam   28 February 2024 at 15:42

Trespass matter

This is a matter where builder has trespassed and occupied one of the six shops without any shop agreement with the building owner demanding excess amount saying losses though he accepts that the entire amount has been paid by the building owner.
Building owner approaches local police with the direction from commissioner and the local police registers complaint with CSR and stops there. Builder owner files petition in the magistrate court under 156(3) where after 3 months the petition gets dismissed.
Now the building owner files petition in the High court where the court orders under 154(3) to police for further enquiry and action. After 2 months of the High court order the police enquires both the parties. Before police the builder cum trespasser though says that the entire amount for construction has been paid but demands more amount than in the agreement. Also the police questions to the builder cum trespasser repeatedly as to why are you occupying the property when the entire amount for the construction has been paid by the building owner. The building owner says he cannot pay extra amount and would prefer to go to the court for the eviction order. Now the police without filing FIR sends us enquiry report saying the matter is CIVIL IN NATURE.
Now can we take back the matter further to the High court saying police has not filed FIR for an illegal occupation by the builder cum trespasser and also says the matter as CIVIL. If not what is the remedy. Request your opinion.
Thank you
Abdul Majid V

raju   26 February 2024 at 20:41

Time limit

Criminal complaint dismiss under section 203 by trial court. Now wants to file criminal revision before High court. My query is what is time limit for filing revision i.e 30 days / 60 days or 90 days

Anonymous   26 February 2024 at 19:56

Cheque bounce

I have won the case of cheque bounce, the court has given its judgement. Now we even filed execution. The accused is not taking notice from court to pay the devided money to court.
We are serving the second time, and his parents say, hes out of town and not accepting the notice.
What do we do now? Even after winning the case,im not getting my money.

Anonymous   25 February 2024 at 12:43

Parking dispute

Respected Experts,
I parked my car in a no-parking area at the railway station. The parking area is managed by an independent contractor. He charged me double the fine amount posted there, and he locked my car, refusing to allow me to retrieve it without paying extra. He gathered many individuals there, so I paid him and went home. I want to ask experts what actions I can take against the parking contractor for his conduct, and whether it's legal for him to lock my car

raju   24 February 2024 at 21:34

Dismissal of complaint

Private criminal complaint of sexual assault is dismissed by lower court as no sufficient evidence to proceed for issue of process. My query is can file revision before High court or can SLP he filled before Supreme court.

Anonymous   23 February 2024 at 23:16

Trespassed and occupying

My friend bought a house through auction from Indian Bank,Salem Tamilnadu which was recoverd under SARFAESI ACT 2002. The above said property was registered at local area Tharamangalam Sub registrars office and got sale certificate on 3/3/2021.
As the borrower cum earlier owner refused to give possession to bank , the bank with a court order at the presence of revenue officers , police inspector and other relavant officials took possession of the property and gave possession to me on 7/03/2022.
Following this EB CONNECTION,PATTA,property tax and all have been tranferred to my name. Additionally I have built building with panchayat approval on vacant land and I have been paying property tax for this buildings too.
But on this jan 2024 the earlier owner entered my house and stole my gadgets and many other things. i lodged a complaint with camara footage with police. No FIR REGISTERED. . Following this ON SOME OTHER DAY the guy damaged my bike and hence I called 100 and police came and saved me from him.
Now unexpectedly while I went to visit my mother and family,ON 24/01/2024 the guy broke open all my locks and entered. I have complained this also but the inspector is not registering FIR. In the name of enquiry I was called but other guy did not come.
on 30/12024 i have appealed in writing to DSP to register FIR . But no action so far.
now I am avoiding going to my propert as that guy may create criminal nuisances and police may ill-support.
please advise for further steps. thanks

Dilip   23 February 2024 at 22:40

Fake documents

If someone has.make a fake.document and take a flat in SRA building can we put a case of benami property on him or what else we can do to get it's property documents checked