Anonymous
28 November 2011 at 18:45
I had a dispute with a customer who owed me money. After haggling I received a cheque for Rs. 100000/- from my customer.
When I presented the cheque I found that customer's account was closed three years back.
I filed a case u/s 138NI act,
The customer in turn has filed a FIR against me alleging forgery of his signatures and stealing & misusing the cheque. The handwriting expert has confirmed the genuineness of the signature. FIR still not closed by the police.
Can I recover my money through section 138? Do I face any problems?
J.C.Mishra
28 November 2011 at 18:03
accused No.1 and No.2 as per the FIR WHO have been booked under 307 ipc and others act and 25 arms act in a firing incident have not been arrested even after passing 1 year to the incident and now the police has submitted the final charge sheet in the trial court by not filing charge sheet against them and completely omitting their names from the charge sheet. What can be done in this case to get the accused persons arrested and charge sheeted ?
Can any petition be filed in the High court.
Anonymous
28 November 2011 at 16:27
What are the powers of the Police for interrogation of witnesses? Can the Police call a witness to the Police station for interrogation without informing him about the case/matter involved?
Anonymous
28 November 2011 at 16:04
Dear Experts,
A man married for the second time without the knowledge of first wife (without any proofs like Photo, registration). Can the police have any authority to arrest him on the basis of first wife's complaint?
One of my advocate friend told me in such case wife has to move court directly, police should not involve in it. But recently I read in newspaper, police arrest a man for second marriage based on first wife complaint.
Expecting views of honorable members.
Anonymous
28 November 2011 at 15:05
Dear, tell me if father take freindly loan thereafter he died. and his son issue a cheque agaisnt the loan amount. Is it cover under 138 definition?
FELIX FERNANDES
28 November 2011 at 12:45
IN A BID TO TAKE REVENGE THE POLICE MISLEAD MY FAMILY AND THREATENED OF DIRE CONSEQUENCES AND OBTAINED THEIR SIGNATURE ON THE FIR ON THE PRETEXT OF SIGNING A MERE STATEMENT AGAINST A MINOR DOMESTIC ISSUE. THEY ALSO OBTAINED THEIR SIGNATUE ON THE BLANK PAPER. THIRDLY THEY THREATENED THEM NOT TO FILE ANY COMPLAINT AGAINST THE POLICE. FOURTHLY THEY TOOK LARGE SUMS F MONEY TO ISSUE AN NOC TO GRANT ME BAIL, WHICH I SECURED AFTER STAYING BEHIND THE BARS FOR FIVE DAYS AND IN PRISON FOR 41 DAYS. KINDLY ADVISE IF MY SELF AND MY FAMILY CAN SEEK JUSTICE AND WHERE? CAN WE PROCEED AGAINST THE POLICE IN THE COURT OF LAW, NATIONAL HUMAN RIGHT COMMISSION, CHILD AND WOMEN WELFARE ASSOCIATION, MINORITY COMMISSION.E DEPARTMENT AND OTHER AGENCIES. FELIX FERNANDES
Anonymous
28 November 2011 at 11:43
My friend and mom was charge sheeted for IPC 498 a 2010 and was granted anticipatory bail where in where he was asked to report police station for 2 months .he reported and before the trail he went abroad as he is employed in bakery for job since 3 years Now in September 2011 divorce was granted and the wife came to criminal court in November 2011 and in that time she was questioned by my lawyer in court and at that time she said she had no complaints and in total to say that she had no allegations against my friend and mom mom aged 87 came to court ,and the sureties were charged as fine for not producing the case is now forwarded to First class JCM How this case will settle as the complaint has come personally and told that she have no complaints and and no evidence was Established .will this case be squashed and if what all ways.Please help me as aged MOM is suffering hardships .
Deepak Nair
28 November 2011 at 11:19
Can a beneficiary to a transaction be made a party to the proceedings under section 138 of Negotiable Instruments Act 1881 if the cheque is issued by another person on behalf of the said beneficiary?
If yes, could you please provide a citation to that effect?
Anonymous
28 November 2011 at 00:20
hi
i am facing both divorce and 498a case same charges for both, during investigation i proved certain charges are flase, can my wife remove those from divorce petition by submitting an application.
add can she make news charges in divorce petition to compensate lose of charge which is in 498a investigation
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