AJAYA KUMAR DASH
28 December 2011 at 11:01
Respected Experts,
I am a complainant and filed a case ICC case under sec 138 of N.I Act in the year 2007 and during continuation of the examination of the accused as DW1,the accused filed a petition by enclosing a list of 11 nos of witnesses list ( fabricated list furnished by the accused and address of the witness are in other state of India) and made a prayer before the learned trial court to issue summons to the witnesses for their examination as defense witness as they are material witnesses for proper adjudication of the case and placed the decision in case of Godrej Pacific Tech Ltd Vs Computer Joint India Ltd and decession in P.Chhaganlal Gaga Vs.M.Sanjay Shaw before the trial court.
On perusal of the case record the learned JMFC passed an oder that none of the names of the witnesses cited in the list provided by the accused finds place in the evidence of the witnessess nor in the examiation-in the of the accused DW1, So this courts feels that by allowing this pettion the case will be lingered and also what specific role is played by each of the witnessess, has not been stated by the accused and also earlier Hon'ble High Court also given specific direction not to give unnecessary adjournments in the above said case , Hence the petition to recall the material witnessess is rejected.
Thereafter accused challenge the said order of JMFC and filed Criminal Misc.Petitition (CRL MC ) under sec 482 taking plea that the although JMFC has mentioned the two decisions placed by the accused but has not made any discussion as to whether the said decisions were applicable to the case or not and also with a prayer to quash the order and direct the JMFC to issue summons to the witnesses named in the petition in the interest of a fair trial. The High court also admit and granted stay in the Misc case arising out of above filed CRL MC and the matter is posted to up to 1st week Jan’2012 .
Kindly suggest me the points to be raised in the high court regarding vacate of stay and counter to above two decision placed by the accused.
Anonymous
27 December 2011 at 19:56
Dear Sir,
I have lent Rs.100000/-(One Lakh) Cash to a customer & taken Signature on Promissory Note & Advance Chq of Rs.(One Lakh).Now he has Defaulted.
I have filed Criminal Complaint U/s 138
I have shown cash entry on the above given date & Reflects in my IT returns.
My Question is
Whether Cash Payment of Rs.1 L would damage my case. I know that in excess of Rs.20000 cannot be paid in cash but Mistake it has happen. I have Evidence of Promissory note.
Please Provide Solution
Anonymous
27 December 2011 at 19:54
Dear Sir,
I have lent Rs.100000/-(One Lakh) Cash to a customer & taken Signature on Promissory Note & Chq of Rs.(One Lakh).Now he has Defaulted.
I have filed Criminal Complaint U/s 138
I have shown cash entry on the above given date & Reflects in my IT returns.
My Question is
Whether Cash Payment of Rs.1 L would damage my case. I know that in excess of Rs.20000 cannot be paid in cash but Mistake it has happen. I have Evidence of Promissory note.
Please Provide Solution
Human
27 December 2011 at 13:34
Dear Experts,
I have been got the order reading, "The ad-interim anticipatory bail granted earlier is confirmed".
Now, the Chargesheet has been filed by the police.
Do I need to apply for the regular bail?
As such there is NO Time limit mentioned on the AB order while the Interim Bail granted earlier was valid till the date of hearing of AB.
Please advise.
If there is no MANDATORY need to apply for the regular bail, isn't the AB confirmed valid till the decision of the case?
Anonymous
27 December 2011 at 12:14
Sir, I divorced my wife on which she filed many cases againts me 498a, 125 and other many cases which all is applicable to favour women in india. She has taken due advantage being women and the curruption in india. We are fighting cases for more than 8 years without any compromise and even if compromise the demand is too high which i cannot bear. I m in dubai and all cases she filed when i was here in dubai. she acquiated 15 of my family members and relatives. cases proceeding is on and my father attends all cases. 3 days before it happened when my father appeared court case after that police picked him and put in jail saying there is forgery case against him for forging talaknama and that i have not signed and my father signed. i even have affidavit for talaknama from dubai consulate but the signature verification was done from my old 15 years records. she bribed police to investigate on my old records rather than the new one which in passport. My talaknama and passport signature matches and also affidavite.
the only mistake my father did he notarized the talaknama from india and submited to court. Question was raised notarization happens when person in india and forgery cases is filed against by bro, father and 2 sister under IPC 125/6 u/s 465, 468, 469, 471/34
We approached session court and judge she postponed the matter, now he is in jail. Im so much disturbed i do not know what to do. All cases are filed in delhi and her matrimonial place is in pune.
i do not understand how to bail him? is there a way out. please suggest at earliest.
Anonymous
27 December 2011 at 11:51
Wife filed a DV case and other criminal cases like 498a.
In her DV case she claims for maintenance and other interim reliefs.
As there would be no chance of living together again, Can i move forward for filing a Contested Divorce?
pls suggest.
dev kapoor
27 December 2011 at 06:40
A friend sought my advce:
Facts:A complaint u/s.7/16 PFA was filed against a local shopkeeper for keeping packets of 'PEE-NUTS" manufactured & sold by Company "A" whose name etc is printed on the wrapper,of course,impleading Manufacturer also a co-accused.This complaint is pending before JMIC since 1990 i.e.11 years for service on the Manufacturer.
Q:How long this thing to continue i.e. local dealer continues to attend court and at the end told to go home to return next month for getting a Date only.Is it is unnecessary harassment by judicial process ?What is the remedy of the local shopkeeper in such a case ?
Please guide.Regards & HAPPY NEW YEAR to All here !
Anonymous
26 December 2011 at 22:28
Hi All,
Please resolve my query. Very brief details of my case:
1. Complaint done in 3 CAW cells, withdrawn
or dismissed from 2 CAW cells.
2. Compromise done in court but other side
refused to follow the same.
2. FIR (498a)done after more than a year.
3. Got protection bail from court.
4. Now, police personals asking for bribe.
5. Other cases pending:
a) DV
b) Divorce
c) Maintenance (Sec 24)
6. Filed a complaint in Section 3 DPA.
What should be my next step? Should I pay bribe? Please advice me.
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False complaint
My Dad and his cousin shared a common well - His cousin has two sons (my cousins by relation). The well was legally on My Dad's dad (my grandpa) name and his cousin's dad name. However, after his cousin's dad's death, cousin wanted to transfer the well to one of his son. But he needed my grandpa's signature...in stead, he forged my grandpa's signature for some benefits. This we did not know until recently.
Two years ago, my cousin (my dad's cousin's son) dug a borewell and wanted to use the electricity from the common well for his private borewell. My dad did not agree for it as it was illegal. So they did not allow my dad to use the common well. Further, they were giving other problems (including assault) to my dad. Since I am working in the US, I could not support my dad much on this issue. So I emailed the TN govt to support my family on this, and the govt asked the local police to step into this. The local police took signatures from both parties for not to invovle in any violations.
My cousin and his family is now waiting for me to travel to India, upon which they would file a false complaint against me, and seek a benefit of withholding my passport and create problem for my job and career. Please advise me how I am suppose to deal with this issue. Is going back to the Govt to support me again a good idea?