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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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VVS Ramaikrishna   21 February 2012 at 22:34

Fir

I understand that a FIR (first information report) is something which police should register when a complaint is received by them, otherwise it should be renamed.

when a bank complains of fabrication & forgery, delhi police had promptly arrested the accused.

but when a complaint of fabrication & forgery was lodged with all valid & relevant documents, delhi police did not even register a FIR but have closed the file without taking action despite non-compliance of notice u/s 91 Cr. P. C.

Where is Justice system?

francis   21 February 2012 at 17:49

Society

i wanted to do some social work like, i wanted to start the traffic signal near my house, it is there but it does not work, there is a problem for people to cross the road, espicially the old and the young people below the age of 15yrs,please if you could guide me how to do that........and also i wanted to extend the damard (tar road ) road from side ward near our colony (society) because the road is narrow,only two rickshaw can move at one time,there is space in the side about two foot on either side of the road,and the street light near the society are not working,what should be done,please suggest....thank you
i also wanted the police to have around in the society in the night because some of the boys coming from out are drinking and creating noise after peek hours which should be stoped totally.
The people in the society are keeping various function in the society without confirming or taking permission from the neighbouring building, there are 8 building side by side,and we all are disturbed because of them,first of all they keep the function and go beyound peek hours,just behind about 1kilometer the police station is there but still no one comes to shut the music system down,why is it so.......and why is that only police permission is taken and not the society permission,it is the society people who has to suffer in the end,and if the permission is also given by the police then why is the police not coming to check them............

monika   21 February 2012 at 17:38

Anticipatory bail

Dear sir,
Few day ago , i met accident with scooter (m on car). driver of scooter is seriously injured with leg fracture. SHO giv me bail on section 279 only. But driver of scooter afraid me that he give FIR against me under section 307 and other critical charges.
So Sir please tell me , Is i get anticipatory bail on this case????
And how??

kaya   21 February 2012 at 17:22

138 ni

FIRST CASE AT CHENNAI
-------------------------------
I GAVE CHQ FOR RS 25 LACS. CHQ LAST PRESENTATION WITH MY BANK IS AFTER 6 MONTHS.
1)CHQ DATE:15/05/2006

2FIRST PRESENTATION 26/05/2006

3)SECOND PRESENTATION 15/11/2006 THAT IS AFTER SIX MONTHS

4) LEGAL 138 NOTICE GIVEN ON 28.11.2006

THE SAME CASE FILED WITH MAGISTRATE COURT UNDER 138 ACT.
THE CASE WAS STAYED AT HIGHCOURT CHENNAI FOR A YEAR THERE AFTER
HIGH COURT DISPOSED THE CASE IS TRIAL STAGE , ADJUDICATION IS NECESSARY
HIGH COURT NOT INTERFERE AT THIS STAGE

ANOTHER PROBLEM IN THIS CASE THE SAME CHQ CASE. COMPLAINTANT
WITH INCLUNCE THEY INFIRMED POLICE AND ARRESTED BEFORE FILING THE CASE
AND FIR THEY MENTIONED THE SAME CHQ N FILED CHEATING CASE 420 AND 406
ARRESTED ME BEFORE COMING FM BAR. THEY ISSUED 138 NOTICE BY LAWYR
ON 28.11.2006

NOW CASE IS THE TRAIL STAGE. FOR 138 IN ONE COURT


SINCE FROM THE BEGINING COMPLAINTANT NOT PRESENTED IN COURT FROM 2007
ONLY THEIR ADVOCATES APPEARING MEANWHILE COMPLAINT DIED ON 13/01/2011
STILL HEARING GOING ON.

CRIMINAL CASE FILED BY POLICE THAT IS ALSO GOING FOR HEARING IN OTHER
MAGISTRATE COURT SINCE FROM 2007 IN THIS CASE ANOTHER TWO ACCUSED NOT PRESENTED
FOR CRIMINAL CASE I AM A 1.....

HOW CAN QUASH THE BOTH CASE PERTAINING TO THIS PARTICULAR CHQ BOUNCE.

------------------------------------------------------------------------------------------------------------------------------------------------
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CASE NO 2
ANOTHER ONE CASE PUT UP CASE BY COMPLAINANT FRIEND WHEN I WAS INSIDE THE
BAR ALONG WITH OTHER SAME TWO ACCUSED.MYSELF I AM NOT GVN ANY STATEMENT
ANY LETTER AND 100 PERCENT NOT RELATED TO ME. IN THIS CASE ALSO HEARING FROM 2007
GOING ON . THE SAME CASE CONDUCTED BY POLICE.IN THIS CASE ALSO COMPLAINTANT PARTY DIED
POLICE ONLY CONDUCTING CASE. COMPLAINTANT SON IS FAVOUR TO ME. FOR YOUR INFIRMATION
ACCUSED OTHERS NOT PRESENTED FROM BEGINING. MY SELF ONLY REGULARLY APPEARING
OR MY ADVOCATE APPEARING. I AM THE A2

HOW CAN QUASH THE CASE OR HOW FASTWE CAN ASK FOR TRIAL. IF TRAIL COMES NOTHING
WILL BE PROVD BY POLICE. BECAUS PUT UP CASE.

--------------------------------------------------------------------------------------------------------------------------------------------------

CASE NO 3
------------

AGAINST SUPPLY OF ONION I ISSUED CHQ FOR RS 139650 18.8.10 TO NASIK PARTY. THERE AFTER
21.8.10 PADI RTGS RS ONE LAC. BALANCE DISPUTE MEANWHILE STOP PAYMENT GIVEN ON 21.8.10

MEAN WHILE I RECVD NOTICE 04/02/2011 TOTALY HINDI LANGUAGE BY R P A D
IN THIS REGARD ON 04/02/2011 ITSELF I REPLIED I UNABLE TO UNDERSTAND THE
LANGA PLS TRANSLATE IN ENGLISH OR TAMIL AND SEND THIS LEET BY R P AD.
WHICH WAS RECVD BY THEM. AND ACKDGD


NOW I UNDERSTAND NASIK COURT LAWER THEY FILED CASE AGAINST ME
WITH COURT. AND GOING TO ISSUE WARANT BECE I DID NOT RECVD ANY SUMMONS
AND REPLY TRANSLATING NOTICE

I DID NOT RECVD ANY SUMMONS FROM THE COURT UNTILL TODAY. BUT MY FRIEND LAWER
CHECKD IF I AM NOT ATTENDING THEY ISSUE WARRANT WHICH NON BAILBALE.

BUT POST MAN WRITN REFUSED LIKE THAT THEY FILD CASE WITH COURT AT NASIK

FYI I UNDERSTAND CHQ WAS PRESENTED TO BANK ON 18.1.2010 AND NOTICE
ISSUED ON 31/1/2011 I RECVD LETTER 04/2/2011 AND SENT REPLY ON THAT DAY ITSELF

CHQ PRESENTED DETAILS NOT AVILABLE IN BANK STATEMENT BEC STOP PAYMET GIVEN 21.8.10
UN ABLE TO GET THE DATE. WE CHKD WITH BANK THEY ALSO INFIRMD
NBW.

PLEASE GV ME OPINION FOR THREE CASESFIR.

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Anjali Arya   21 February 2012 at 12:33

What to do if chequebook stolen and presented for payment

4 days ago, there was a deal taking place regarding a matter.
During the negotiations, chequebook was taken out by me for payment. But the other party refused to take cheque and asked for cash only. Finally cash was paid and a receipt was written by payee that he has received the payment in cash.

Unfortunately I forgot about the cheque book at that time and today got information from Bank that a cheque has been dishonoured.

Whole cheque book was unsigned and crossed.

What shall I do in addition to Stop Payment ?
Whether shall I file a FIR and against whom ? What charges ?

Member (Account Deleted)   21 February 2012 at 12:30

Claim for bebt recovery

I ve availed a loan from the mnc bank 4 years back i ve given few instalments but later fail to pay the amount due to loss of job.....now the bank filing a case for recovery ...few days back i got the notice from the bank to come for visit in mumbai to their advocates for talks but as i am in delhi i am not visited mumbai after that agin one notice came and metioned in it that you are treated as a absent and that means you have nothing to say on this matter so they are filing case for recovery .so dear advoctaes i want to know that how much time i left to respond in this matter the date they mentioned is 10-2- 2012 which is gone so what legal action can i take to save my self as i am ready to pay the amount in instalments ......

sajed   21 February 2012 at 00:49

420 criminal case in seed transcation

compliant is seed business tarder .he supplied seed to accused .accused issued cheque of 1 lakh that was dishonour due to insufficent fund .Accused requested compliant to agian deposit same cheque but that was also dishonoured due to Stop payment . can compalint file criminal case u/s 406,420 of ipc. ? or recovery of amount is good option ? 138 of NI act will b weak case ?

C. P. CHUGH   20 February 2012 at 22:18

Ni act

Recently I was acquitted in one of the complaint u/s 138 of NI Act but was asked to furnish surety and bail bond by Trial Court. Under what provision of CrPC i was asked to do so and Why ?

Adv M.D.Azhar   20 February 2012 at 19:32

Authentic judgments of s.c. court

dear sir,
my senior advocate is defending the case of a murder in which the accused murdered the deceased with sharp weapons on the head and on neck. all the witnesses said that the injury was caused from the front side by the accused but as per doctor's view it was caused from behind.... i mean there are lots o contradictions in the statements of the witnesses but the real fact is that, the said witnesses of these case were not present during the occurrence and all the witnesses are brought from the house and relatives o the deceased, no independent witnesses has been called who were present during the occurrence. so if u have a related authorities of acquittal of the accused regarding the same story so please inform me i will be very thankful to you.

vishal sharma   20 February 2012 at 17:00

Anticipatory bail

can we apply anticipatory bail for 4 r 5 persons in one time.