sudhakar s. yeradkar
07 March 2012 at 18:59
Dear sir,
I would like to take your advise under section 138 of NI ACT-1881
1. Whether reply to legal/demand notice sent by UPC is valid.
2.Whether reply sent on plain paper instead of their letterhead is valid? (The Accused is Proprietor of the firm)
3.Whether inward & outward records maintain by post offices for UPC post.Can I get the record for year 2009 from post office?
4.How the accused will prove that reply to legal demand notice received/acknowledged by the complainant.
Please reply at the earliest.
Rgds
Rajesh
07 March 2012 at 15:21
2010 main mera ek accident ho gaya tha jisme ek Old man ko chot lag gayi thi. Main waha se bhaga nahi or usey hospital pauchane main help ki. 3 din baad mujhe pata laga ki mere agaist police ne FIR launch ki hai. Phir humne waha se bail le li. Or mujh pe 279 ka case hua. Jisko chot lagi thi unhone Claim ka case kiya humari car ka insurance tha so unhe 1.25 lakh rupees mil gayi insurance company ki taraf se court ke through.Main waha par routine se peshi par ja raha hun ek bhi miss nahi ki. Ab wo compromise karne se mana kar rahe hai. Agar court k through faisla hota hai to kya ho sakta hai or future main meri Govt. Job lagti hai to kya uska koi Disadvantage hoga meri job par Please help me wat can i do, Unhone mujh pe Criminal Case dala hua hai Or case STATE v/s RAJESH k naam par hai pls give me some useful suggestions wat can i do
Milap Choraria
07 March 2012 at 12:35
I have strong evidence to initiate inquiry in my application filed u/S-340 of Cr. P. C. But Ld. Court have opinion that they will take it up only after final decision in the main matter. Please inform me any citing from SC Judgment to support my contentions that even prior to final decision inquiry can be initiated.
CreateGoodwill
07 March 2012 at 12:32
one of my dealer chq got return with reason
"REFER TO DRAWER"
1. can i file NI 138 case
2. what is the meaning of this return remarks
vinodkumar
05 March 2012 at 23:26
in one above subject and fact mater, one person like named a, cheat the other person like named b, now b give written complaint in police about that, now police get inquiry in that application and, take action on that application on IPC 151 against the person A. so now police do further fir on same application u\s 406'420 against A, or B approch court for that.
jai Prakash Joshi
05 March 2012 at 22:08
Res Sir,
Company employee recieved blank cheque from Company Hirer on behalf of company and these cheque use geting Loan for personal from another person.
What offeance made out.
What way to taking relif to Company.
With Warm Regard's
wifebetrayed
05 March 2012 at 21:57
hi
my divorce case is going to start, i had delayed it til chargesheet under 498a was filed.
what would happen in first hearing, normally how much time judge spend on each case on a day. would judge hear entire allegation by wife in first hearing itself,
what is the procedure of witness in family court
please share you expereince.
Sanjeev
05 March 2012 at 21:04
I have come across a case wherein the 498a was quashed basis a settlement between the husband and wife the settlement deed had two points to be complied with first was that they would apply for mutual consent dovorce and second all the items belonging to wife should be returned. The articles were returned but mutual divorce was not applied as the wife backed out and asked for more money.
THE 498a was quashed by hc in between but divorce is pending. Now the lady has filed a affidavit in hc to recall the quash order as condition of mutual divorce is not complied alleging that husband is not signing and asking money.
I submitted a rejoinder on behalf of husband that he is ready to sign and he never asked for money. We approached the wife to file the same now but she did not respond to signing mutual divorce and is trying to get quash recalled for her motive to blackmail and extract more money.
What can be done to prevent recall and ensure she adhere to the earlier settlement. The quash petition details the settlement points.
Vishal.Sri
05 March 2012 at 19:29
An employee has been convicted u/s 138 of NI Act and the penalty is 6 months SI.
In appeal, the sessons court has ordered as follows:
1. Petition permitted
2. Sentence alone is suspended
Hence the accused is released on Bail.
Now, the administration of the employee (Accused) has to take disciplinary action against him.
One view/ opinion is that as per the second order (MP of appeal), the person is convicted and the question or discussion in appeal shall be about modification of penalty only. So, we have take action as per our procedure.
An advocate has opined that there shall be a possibility of acquit and advised to stay the proceedings till the appeal is disposed.
Now, my question is what is the legal position of the case? and what the disciplinary authority has to do?
Thank you in advance.
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Charge sheeted
Can an indian citizen or an organisation, trust ,society or company can be denied their right to function or carry their basic business activities , if the individual is chargesheeted under any punishable offence ?
Does chargesheeted implies an individual guilty of an offence?