Probal Roy
01 December 2011 at 02:36
My question U/S 138 (b) of NIA, is whether payee has to send Demand Notice by Registered Post to the drawer in such a way so that it reaches to the address of the drawer within 30 days limitation or is it correct that if payee dispatches the Demand Notice by Registered Post to the drawer on the 30th day reaching drawer after expiry of 30 days mandatory requirement.
I request your expert opinion with citation of Supreme Court Judgments.Thanks. Probal Roy
AAK
30 November 2011 at 17:55
Dear Experts
JMFC court judge is compelling complainant to compound (138 NI Act). My client (complainat) is not ready to compormise. Is there any ruling favouring complainant?
Is it right on the part of the court to compell complainant to compound the offence?
Anonymous
30 November 2011 at 17:47
Respected Sir,
In case of DV act 2005, if respondent are having all the evidences that the filed complaint are submitted mere to abuse the process of law.
relevant documents are revealling all this
respondnts wanted to submit Application for purjury u/s 340 crpc for the same.
Advocate of Respondent are saying in such case court may punish her which may be penalty or imprisonment.
respondent wanted only to reveal the facts but not wanted to sent her imprisonment as she is wife and having child.
Query. is there is possibility that on filling the Application of Purjury u/s 340 she and her family may withdraw the filled complaint or punish is certain on filling such application.
plz guide as due to this frivolous not only desertion is increasing but child is growing . In-laws are terrorising unnecessarily.
I dont want to give Divorce to my wife, but wanted to avoid intentional desertion too.
thanks in advance
Anonymous
30 November 2011 at 15:36
One of my friend (X) was in love and married him(Y) (register marriage).
But due to family situation he was forced to marry his sister's daughter(A) within 10 days from the date of register marrige.
(Y)didn't informed this to (X)and they were in relationship for 5 years.
But, he was also in relation with (A) and had a boy kid.
After 5 years X came to know and accepted him X&Y also had a girl baby.
(A) filed 420 case on (Y), stating that he cheated her without informing his marriage with (X).
The case is pending now. What will be the result/judgement. (X)&(Y) wants to live together.
Anonymous
30 November 2011 at 12:30
I ve been falsely booked under IPC 417, 420 by a girl whom i hardly know. She got acquainted thru a social site and she was hurryin things like love and marriage. She played a drama and made me believe she loves me. I was believing her but i had t confirm who she really is. Then started to know her intention. I broke off. She insisted that i should marry her, used rowdies to threaten me, i didn't accept. Later i was called to Women Police station saying i have raped her and cheated her of Rs. 8laks and refusing to marry her. I was remanded and served in jail, cause i dint get AB or Bail after that for 12 days.
She is politically strong and should ve bribed the police as they were not at all ready to hear my opinion. I come from a decent background and have done my MBA from a reputed college. They were blind folded by her money. I lost all my name both personally and professionally.
Its been one year now. Nothing happened after that, she tried to apologise and make me her husband, i ignored her. Now i am willing to close this case. There is no chargesheet filed yet and i don know where she is. Thru a private detective i came to know that she is in the business of blackmailing guys.
Now, after 2yrs the police has chargesheeted and it contains only the statement of the lady. She is still in the hide and even police are able to trace her. They ask my help to find her but i refused.
I have been going to court every month, so far 6 times. everytime the date gets extended, but nothing moved. My Advocate came once to court to insist the magistrate to expedite the case. but still i m worried abt my future.
I m , now, married with a one yr old kid. My future looks bleak. Not able to take up new job or plan anything.
Please suggest me, what should i do to come out clean. I assure you. Please help.
Anonymous
30 November 2011 at 10:37
mere Client ne loan liya tha magar AGENT ne Security ke hisab se CLIENT ke passé jyada Cheque le liye or loan complete ho jane per bhi uske paas hamare 2-3 Cheque the usme se 1 Cheque ka mis-use kar ke Cheque me 5-2-2009 tarikh likh ke Rs.1,00,000/- ki DEMAND kit hi.
FARIYADI ne 2-4-2009 me uski Bank me Cheque bhar diya. who CHEQUE NON-MICAR CHEQUE tha.
who Cheque INSUFFICIENT BALANCE ke karan Return huva.uske baad 2nd TIME FARIYADI ne fir se BANK me Cheque Deposit kiya.
FARIYADI KI Bank ne FARIYADI ko 4-6-2009 me INSUFFICIENT BALANCE ke karan Return huva.
aur hamare Client ko N.I.ACT 138 ka NOTIC 25-6-2009 me diya tha. baad me FARIYADI ne court ME Dt-10-8-2009 ko FARIYADI ki hai.
COURT me SUMMONS ke STAGE per Case chal raha tha.
hamare CLIENT ko POLICE ne INFORM kiya uske baad11-11-2011 ko COURT me ja ke CASE ki COPY RECEIVE li hai. next date 17-12-2011 hai.
17-12-2011 ko mere CLIENT ki PLEA ka STAGE hai.
Mere CLIENT ko bachane me kon se LEGAL POINT hai ?
Kya NON-MICAR CHEQUE ki FARIAD ho sakti hai ?
Koi ADVOCATE muje kaheta tha ke CASE 2009 ka hai to CASE nikal jaiyage.
Koi JUDGEMENT,ya koi LEGAL POINT hai ki mare CLIENT ACQUITTAL ho jai.
Pl help me for this Case.
Anonymous
30 November 2011 at 09:58
My customer(a closely held public limited company) owed to me (I am a limited company) Rs 5 lac. After a lot of persuation he made a payment of Rs 5 lac to me but from another private limited company in which he also was a director, on behalf of the 1st company .
That is, the customer cleared the dues from his second company.
There is no written commitment/agreement between us in this regard.
Is third party transfer valid/covered u/s 138?
Please help. If you can list some good latest authorities of Supreme / High courts please help.
Anonymous
30 November 2011 at 09:54
Wild boars destroying standing crops and causing huge financial loss on daily basis.
Lodged a general diary at Police Station to take necessary steps to ensure crop protection for standing crops. Also written the same to local Chief Wildlife Warden, along with copy of general diary given to police, seeking to take steps to ensure crop protection for standing crops and for permission under Section 11(b) of The Indian Wildlife (Protection) Act, 1972 to shoot the wild boars for crop protection.
No action taken by State to ensure crop protection for standing crops neither issued permission to shoot the wild boars. Financial loss continuing on daily basis due to wild boars destroying standing crops.
1) If farmer shoots the wild boars on his farmland now, what is the offense?
2) Can farmer claim to State to compensate the financial loss because it was failure on part of State even after it was intimated to ensure crop protection for standing crops?
Manjeet
30 November 2011 at 08:02
Hi
Can i get mobile tower or location details for SMS sent by me from my number from Mobile Service Provider company. I just want to prove that i was in that city/area at that point of time.
Are Mobile companies keep tower/location information along with SMS details. If yes, for how long.
Also, please let me know that whether mobile company is keeping record of missed calls (If i haven't subscribed for Missed call service) and for how long?
Also, if i have a subscribed 'Missed Call Service' then can i get details for any 6 months ago date. Kindly guide
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Bail for co-op society
A Compliant is lodged against Society, and also against all Office bearers, in a cri case. The case is false, filed for unequal water supply by one of member, who is harassing Society Mg Committee.
Can Experts reply, whether Society, as a accused, need to arrange for bail/ Surety?
Do all 5 Mg committee members + 1 Society need separate Surety?/