C. P. CHUGH
04 February 2012 at 14:30
Dear Experts,
What is latest law laid down by Hon'ble Apex Court in the following circumstances :
A is a Public Ltd Company and B is its MD.
A Complaint u/s 138 has been filed by C against B and the title reads as under :
Notice has been issued to B only
Mr C Prop of ABC Vs Mr B Director of A
Cheque in question has been issued by A to C and is signed by B
Now my precise querry is,
Is this compalint not maintainable on the ground that the condition precedent to section 138 are not satisfied.
Section 138 says where a cheque drawn on an account maintained by HIM is dishonoured........
In this case the cheque is drawn on an account which is not maintained by the accused but by the Co.
2. Is it necessary to plead Company as accused and MD as co-accused as the liability of directors u/s 141 is vacarious one and unless the person who has committed offence (CO in this case) is made laible, directors cannot be pleaded guilty.
Pls reply with latest citation in favour and against if any.
Anonymous
04 February 2012 at 10:47
Dear Experts,
What is latest law laid down by Hon'ble Apex Court in the following circumstances :
A is a Public Ltd Company and B is its MD.
A Complaint u/s 138 has been filed by C against B and the title reads as under :
Mr C Prop of ABC Vs Mr B Director of A
Cheque in question has been issued by A to C and is signed by B
Now my precise querry is,
Is this compalint not maintainable on the ground that the condition precedent to section 138 are not satisfied.
Section 138 says where a cheque drawn on an account maintained by HIM is dishonoured........
In this case the cheque is drawn on an account which is not maintained by the accused but by the Co.
2. Is it necessary to plead Company as accused and MD as co-accused as the liability of directors u/s 141 is vacarious one and unless the person who has committed offence (CO in this case) is made laible, directors cannot be pleaded guilty.
Pls reply with latest citation in favour and against if any.
Thanks
Anonymous
04 February 2012 at 10:43
Dear all,
A person issued a cheque discharging his enforceable liability of Rs.2,00,000/-.Subsequently the cheque presented by the payee but dishonoured due to insufficiency of fund. The fact verbally communicated to the drawer and he assured to make a part payment and issue a pdc against balance payment. Thereafter the drawer made part payment against his liability under the cheque but could not take back the original cheque or without issuing fresh cheque on balance amount. As the time limit expired to issue the notice due to the dishonourment of the cheque the payee again depositted the cheque and got it bounced due to insuffiencey of fund and issued demand notice demanding full payment under the cheque and without mentioning the part payment. No reply received from the end of drawer and payee filed case under section 138 of N.I.Act. After receiving the summon accused again communicated and made another part payment and promised to clear the balance amount within next date of the case.So the case may be withdrawn and he also filed a petition to the court to that effect explaining all payment made by him and with an undertaking to clear the same before the next date. Now, the accused did not make payment of balance amount as per undertaking filed by him. Now, the question arises whether filing of the petition will be treated as the accused pleading guilty or due the reason accused made part payment case is liable to be dismissed on the ground that part payment received before filing of the case.
Kindly give your opinion.
Anonymous
04 February 2012 at 01:14
sir, i filed a criminal matter in 138 N I Act, against the 3 accused. After issuing of proces the summons served and the accused no. 2 and 3 present before the court and the accused released on bail.. The accused no. 2 has only executed P.R. Bond and advocate pray for time to deposit the cash bail amount. Later on each and every date the prayer granted by the court. evidence filed, then the advoate of accused withdraw the Vakalatnama for accused no. 1 and 2 only. the advocate appeared for accused no. 3. I took necessary step as NBW issued the report that the accused absconded. Then proclamation and the same publish in local news paper. After that application for attachment pending before the court. I am trying to trace out the property but I am unable to get. The accused also not trace out in his residence address.
1) what next step shall I take against the accused?
2) Can i apply for red corner notice against the accused in Magistrate court, who declared as absconder by court? what is procedure ? can Magistrate Court be issue a red corner notice?
3) any procedure through court issue notice to passport authority for arrest of absconded accused on any airport authority at time of travel or impounding and revocation of passport.
Dr.Sai Murali
04 February 2012 at 00:41
Friends, I am a victim of a cheating case and the matter was complained to police. With great efforts the police have arrested the absconder who turned out to be high flying scamster. He was never arrested before though many cases were pending against him.
He was arrested within a month of cheating and absconding from Nellore and cash, gold and jewellary he has taken from me has been seized and produced in the court. Now how do I get back my money from the court? Do I have to wait till the disposal of the case or is there any other recourse?
I want petion for return of property throgh my lawer the following way.
I would like to bring it to your kind notice that the Dr. Sai Murali is reputed eye specialist working in Bollinenei eye hospital & Research Center. His father is also a senior doctor and his wife is a dentist.
He is the victim and complainant in the case Crno:
FIR is enclosed as exhibit no1
The said T.Nageswar Rao alias Rama Krishna Reddy duped my client to the tune of Rs 5 Crores which he has taken in the pretext of buying a land and absconded overnight. Subsequently he was arrested and 1.7 crores of cash and 4kg of gold purchased with the money given by Dr.Sai Murali and gold ornaments and Silver articles given by Dr.Sai Murali and his wife was recovered. The accused himself has confessed and the investigative officer has also mentioned the same in the remand report and mahazarnama and seizure report.
These reports are enclosed as exhibits no 2,3,4,5.
The petioner prays the honorable judge to kindly restitute the property which belongs to him to protect him from from financial hardships and threatening bankruptcy.
The honorable Supreme court has observed that “The principle of restitution is an integral part of virtually every formal system of criminal justice. It holds that, whatever else Court does to punish its wrongdoers, it should also insure that to restore the victim to his or her prior state of well-being.”
The payment of restitution by perpetrators can mark the end of a financial nightmare for fraud victims. It not only serves to right a wrong, it often allows them to return to whatever level of financial security they enjoyed before the crime. The biggest dream for those who have suffered from financial crime is getting some money back, from the people who stole it from them.
As per your instructions we have tried to serve the notice to Mr.T.Nageswar Rao alias Rama Krishna Reddy who is in judicial custody and he refused to accept the summons. This fact has been endorsed by the Jailor. Notice has been served to the Public Prosecutor. His objection that the case is under investigation and accused has not been arrested is not teneable as the main accused has been arrested. And the investigative officer categorically stated in his remand report as to the ownership of the seized property and accused has confessed and is not opposing this petition.
Aa victim of crime my client suffer the loss of property in two ways: by theft and when property is seized and held by this court.
Honorable Supreme court has passed laws outlining procedures for the return of stolen or personal property seized for evidentiary purposes in subsequent criminal proceedings.
In most cases, property may be returned to its owner when it is no longer needed as evidence in a criminal prosecution. Since this often means the victim is deprived of his or her property for months or even years while the case is appealed or retried, we must have to impose specific time requirements for the return of property.
A number of courts have attempted to promote the prompt return of property needed as evidence by authorizing a photograph of the item to be served as evidence.
In this scenario where my client is financially well placed and respectful law abiding citizen of this country has means to furnish adequate sureties and also assures this court that he will produce the returned property as and when required during the course of trial or investigation.
For no fault of my client and being the victim he should not be punished by with holding the property for which he is the rightful owner and as such he should not be allowed to undergo the kind financial crisis he had suffered because of the fraudulent means of the accused.
Hence the honorable judge may be pleased to kindly order for the return of property and save him from his present misery.
Is this appropriate? Any suggestions are welcome. Any judgements in similar cases I would highly appreciate. I am willing to compensate for any help in this regard. You may contact me on 9848017009.Thanks & Regards Dr.Sai Murali
Anonymous
03 February 2012 at 23:03
In above criminal mater, police arrest one person like A, A apply for bail application u/s crpc 436 which is mandatory provison for bail in baillable offence. the magistrate call investigation officer and ask some question and then after investigeting officer put new report for add ipc 324 in FIR. IN really face the injured person is get medicle treatment as out door patient as first day, he has a simple injury on his head, on his head 4 stiches,injury. and then after 24 hour due to bed intension injured person second time without any reason, admit in private hospital for disturbing in our bail applicaion. A' s lawyer request all this fact in court but court, not order in bail application and FIX FOR HEARING bail application for next day, and demand for medicle certy, in this situtaion A sufferi g for pre trial conviction without any proper reason, so A can do some leagle step against the magistrate or police?
Anonymous
03 February 2012 at 20:47
1. How can I legally get the call details of BSNL landline phone of 3 yeras back
2. How can I legally get the call details of pre paid mobile of vodafobe of 3 years back
thanks
Anonymous
03 February 2012 at 20:38
I have booked tickets through IRCTC website and having mails from them about details of booking tickets.
Please let me know how to put this as evidence in court during trial.
Dr.Sai Murali
03 February 2012 at 20:07
Friends, I am a victim of a cheating case and the matter was complained to police. With great efforts the police have arrested the absconder who turned out to be high flying scamster. He was never arrested before though many cases were pending against him.
He was arrested within a month of cheating and absconding from Nellore and cash, gold and jewellary he has taken from me has been seized and produced in the court. Now how do I get back my money from the court? Do I have to wait till the disposal of the case or is there any other recourse?
I want petion for return of property throgh my lawer the following way.
I would like to bring it to your kind notice that the Dr. Sai Murali is reputed eye specialist working in Bollinenei eye hospital & Research Center. His father is also a senior doctor and his wife is a dentist.
He is the victim and complainant in the case Crno:
FIR is enclosed as exhibit no1
The said T.Nageswar Rao alias Rama Krishna Reddy duped my client to the tune of Rs 5 Crores which he has taken in the pretext of buying a land and absconded overnight. Subsequently he was arrested and 1.7 crores of cash and 4kg of gold purchased with the money given by Dr.Sai Murali and gold ornaments and Silver articles given by Dr.Sai Murali and his wife was recovered. The accused himself has confessed and the investigative officer has also mentioned the same in the remand report and mahazarnama and seizure report.
These reports are enclosed as exhibits no 2,3,4,5.
The petioner prays the honorable judge to kindly restitute the property which belongs to him to protect him from from financial hardships and threatening bankruptcy.
The honorable Supreme court has observed that “The principle of restitution is an integral part of virtually every formal system of criminal justice. It holds that, whatever else Court does to punish its wrongdoers, it should also insure that to restore the victim to his or her prior state of well-being.”
The payment of restitution by perpetrators can mark the end of a financial nightmare for fraud victims. It not only serves to right a wrong, it often allows them to return to whatever level of financial security they enjoyed before the crime. The biggest dream for those who have suffered from financial crime is getting some money back, from the people who stole it from them.
As per your instructions we have tried to serve the notice to Mr.T.Nageswar Rao alias Rama Krishna Reddy who is in judicial custody and he refused to accept the summons. This fact has been endorsed by the Jailor. Notice has been served to the Public Prosecutor. His objection that the case is under investigation and accused has not been arrested is not teneable as the main accused has been arrested. And the investigative officer categorically stated in his remand report as to the ownership of the seized property and accused has confessed and is not opposing this petition.
Aa victim of crime my client suffer the loss of property in two ways: by theft and when property is seized and held by this court.
Honorable Supreme court has passed laws outlining procedures for the return of stolen or personal property seized for evidentiary purposes in subsequent criminal proceedings.
In most cases, property may be returned to its owner when it is no longer needed as evidence in a criminal prosecution. Since this often means the victim is deprived of his or her property for months or even years while the case is appealed or retried, we must have to impose specific time requirements for the return of property.
A number of courts have attempted to promote the prompt return of property needed as evidence by authorizing a photograph of the item to be served as evidence.
In this scenario where my client is financially well placed and respectful law abiding citizen of this country has means to furnish adequate sureties and also assures this court that he will produce the returned property as and when required during the course of trial or investigation.
For no fault of my client and being the victim he should not be punished by with holding the property for which he is the rightful owner and as such he should not be allowed to undergo the kind financial crisis he had suffered because of the fraudulent means of the accused.
Hence the honorable judge may be pleased to kindly order for the return of property and save him from his present misery.
Is this appropriate? Any suggestions are welcome. Any judgements in similar cases I would highly appreciate. I am willing to compensate for any help in this regard. You may contact me on 9848017009.Thanks & Regards Dr.Sai Murali
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Stridhan
if married girl died. who can recover her stridhan from the possession of her husband and his family members. which case is maintainable ,