AAK
06 February 2012 at 11:29
Dear Experts need your help
Can a complaint u/s 138 NI act can be dismissed on the ground that complainant has not furnished proper address of the accused?
There is warrant against accused but the the police are not executing the warrant and returning the same with a report that address of the accused not known & accused does not reside in the said address.. now JMFC court insisting the complainant to get the proper address otherwise he will dismiss the case... As far as my knowledge i feel JMFC cannot dismiss the complaint at this stage but i dont have any authority to produce.. can it b dismissed? is there any citation
Janhavi Mantri
06 February 2012 at 11:26
rom,
Janhavi Mantri
Gopchar Co-op. Hsg. Soc.
Mumbai - 400018
I am a member of the above mentioned society. Last year I had made a complaint against the society committee for several irrregularities , no bonds were submitted ect. I had made a compliant with deputy registrar. Registrar called them for meeting. The committe members did not come. Instead they filed their written reply. They stated in their written reply that I am a criminal minded lady and i made a drama to comitt suicide. Also there are sevaral complaints in various police stations against me and my family members. this is baseless. I had sent notice through a lawyer for written apologoly. in the reply they said whatever we are saying is right. The copy of this reply they have circulated to deputy registrar, joint registrar, ministry and federation.
Now I have filed the defamation case against them in the criminal court but they have gone to the high court under section 482. Can they really do that? What should I do? What would be the outcome?
Regards,
Janhavi
anand bhaskar burhade
06 February 2012 at 08:17
Query- hubby favored 2 judgments 1)-s-9, restitution of conjugal right-filed by wife dismissed-2)divorce-u-s-13(i-a)filed by hubby ,granted divorce on cruelty,
If wife filed complaint case-before jmfc. U-s-498-a,324,34 IPC. , summon has been issued to accused but yet not delivered as accused was out of station, summon returned back not issued second time up to 3 years ,if no relief u-s-482 before honble H.C., then what will be the perfect remedy if accused don’t want to appear before jmfc. And want to quash complaint case?
vijay
05 February 2012 at 22:17
One broker forged a false agreement that i had done an agreement to sell my property to him in 51 lac. and he had paid me 40 lac on the day of agrement.the agrement is notarized as well.
In the register of notary there is only one signatures of the three owners of the property and that too is tainted/cut ,the police seazed the register
our signatures on the agrement are true.
i dont know how and when i signed the document .
when he sent me a leagal notice , i was surprised and i filed FIR against him.
and now the chargsheet of the case is also filed before the court.
Now the accused had filed a complaint in the court against police and me that the
police had made cuts in the register of notary.
my question is that when the chargseet is filed in the court then is it possible for the accused to seperately file a complaint and register a new case when the same offence is already in court
Vinoba
05 February 2012 at 20:16
Sir,
I would like to invite the experts attention that I had filed a calender case under Section 420 of IPC against 3 persons. Out of the 3 persons, one is residing abroad. Despite taking summons to the persons residing abroad, I couldn't serve it to him. Is there any provision available in Criminal procedure code for effecting publication against him in international dailies. Please clarify my query?
L. Vinoba,
Advocate.
sridhar
05 February 2012 at 19:37
can anybody please help me regarding this....
This is a case of Complaint under Section 138 N.I. Act and am appearing for the Accused. I wanted to confront the complainant with some documents during his cross examination to which the judge has advised me to file a petition. I am unable to make out under which provision of cr.p.c. this petition would be filed.
I will be thankful to the one who answers the question soon as i require this to be filed tomorrow morning.
anyay
05 February 2012 at 19:31
resp. lawyers,
A complaint was filed against three accused persons.
lateron, it was found that accused no.2 had no concern with the offence and under misconcievement of facts, he was made an accused.
Can we withdraw the complaint against him and amend the memo of parties before M.M.without altering the proceedings, as the case has been fixed for pre summoning evidence ?
LALWANI
05 February 2012 at 19:00
IS AMENDMENT IN FIR IS ALLOWED OR IT IS DISALLOWED?
IF ALLOWED THEN ON WHICH GROUNDS?
T SANKAR RAO
05 February 2012 at 17:53
A, a software employee, concealed his first marriage with B and entered in love with C and married her in a temple on 13-2-2005 taking huge amount of dowry but without divorcing to B. Later, when B divorced him in 2010, he continued the marital status with C. Thereafter, he began to harass C for additional dowry. Not satisfied with jewelery, cash, and other articles, A became cruel towards C and finally sent C out of house snatching away Mangala sutra from her neck on 3.12.2011. A destroyed all the evidence of marriage with C including marrige photos. A newspaper publication after marriage with C is available. Purohit and some of those who attended marriage may give evidence.
Q.1.Whether marriage with C becomes legal after the divorce with B because the marriage status with C was continued by A
Q2.Whether A can be prosecuted both on Civil and Criminal at a time.
Q3.Has C got a right over the assets of A and for Maintenance.
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Email authentication
Dear Experts,
Kindly enlighten me on the following -
1). Can emails be produced in court as evidence ?
2). If yes,how to ensure that its authenticate. If the opp party says that the email is false, how to authenticate it?
thanks !