Anonymous
25 November 2011 at 10:37
A and B entered into an Agreement to purchase land for which A made payments to B.
Thereafter, A and B mutually agreed to cancel the said Agreement and B agreed to pay the amount back to A. They executed MOU and as per direction of A, B issued cheques in favour of X and Y as well as A. These all details have been mentioned in the MOU which is signed by both A and B. The said MOU is notorised. The cheques issued to X and Y are dishonoured for insufficient funds.
Whether X and Y can file complaint against B U/s 138 of N I Act and whether the amount of cheque can be considered as legally enforceable debt or liability against B as the cheques are issued by B to X and Y instead of A AND to discharge A's liability towards X and Y.
Kindly guide me and please PROVIDE RELEVANT CITATIONS/CASE LAWS if any on this issue. Thanks !
vinod bansal
25 November 2011 at 08:51
R/Experts
In a crl complaint CJM court ordered summoning of a Company us 420 IPC through its director,summons were received in the office of co. by a clerk,despite this any director of the co. could not present before the court on date fixed and ultimately CJM court issued Bailable warrant only of the clerk who has received the summon on behalf of the co. /director (not of the director)now there is two question ,whether this is a legal order secondly i want to know CJM court can recall its Bailable warrant or i have to move before Sessions court in revision of this court,i am representing the company and complaint was filed against co. through director.One another question is also involved in this case,there is more than one director in the co. apart MD and in complaint any director is not named,in these circumstances which director have to appear in the court is also a matter of considerable. All experts are requested to plz suggest me.
Vinod
Anonymous
25 November 2011 at 06:09
LACUNA OF COURT PROCEEDINGS:
1. Anybody , appear as accused instead of Mr. XYZ, is marked as present. Because there is NO PHOTOGRAPH of accused, or any parties to proceeding! [ Only photos of Bails ]A Party present are also marked absent ! Who challenges? what happened even if you complain?? It is happening in thousands of Indian courts, daily.
2. No System to give in writing the next date. Roznama is written and signed usually at the end of the day by court clerk, and signed by Judge. No audio or video recording of what is stated, which next date is given, and whenever managed, they changed date, show absence of one of the party, victim of this procedure, and get either ex-parte order or No SAY order and confirm it next date showing the Victim Party is absent when called.
3. Many of Oral Arguments are not noted by presiding Judge, and ORDER Passed on it. Though it is taken care of by submitting Written Arguments, Oral arguments of value are not on record.
4. During Oral Examination of parties and witnesses, Yes to No ,& small alterations of Evidence , shift the entire case from Winning to Losing. Even clerk, when managed, can do it, and Judge do not read it detail before signing, nor is it read out & signed by Witness.
5. Police Panchnama, Criminal Witnesses changes their statements , and Police too, do not Video Record Statements in Police Station, or in Panchas. It all lead to injustice, hostile witnesses, acquittal of Criminals, Lots of Wastage of Time of Police, Court Proceedings, and it all became a mimicry, a Drama of Criminal Proceedings, a Criminal goes out of Court Laughing at Legal Proceedings.
6. Now a days CC TV, PC Camera c Video is so cheap, may not cost even a Rupee per hour, and I am sure, the Litigant will share this cost to get it's Recording,ensure better Judgement, and control corruption, managing the Court, Judges, Police, Witness, Court Clerks, Missing Files, False Records of Presence or absence of Litigants and accused,
I strongly believe, these CC TV , camera audio & Video Recording be freely allowed, and Record be maintained of all cases in all courts. . The cost is negligible compared to the benefit.
Your Opinion and observation in Courtroom, most welcome.Let us improve our Judiciary in the interest of Justice. Let truth Prevail.
Y. T. R. Rao, Advocate, VIZAG
24 November 2011 at 23:08
SIR! IS IT APPLICABLE TO ACCUSED AFTER OBTAINING ANTICIPATORY BAIL FOR S.307 OF IPC, RATHER THAN GIVING CHANCE TO POLICE TO ARREST, CAN HE SURRENDER BEFORE THE REMAND COURT AND OBTAIN REGULAR BAIL ON THE SAME LINES OF ANTICIPATORY BAIL ORDER? -:- Adv. Y. T. R. Rao
Anonymous
24 November 2011 at 22:41
R/Experts
I land some money to my friend and in discharge of his liability he issued me a cheque, which was presented in my bank for payment/clearance but that cheque was returned to me with endorsement"invalid account number" thereafter i send legal notice to the accused but he did not make the payment ,ultimately i filed complaint us 138 Of NI Act through my counsel but now a another lawyer advised me that this reason "account no. invalid" does not attract 138 NI act and crl complaint us 420 IPC as the accused intentionally put his wrong a/c no. on the cheque was proper remedy,he further stated that this is a very big lacuna in my case and definitely i will loose my case only on this point..Now i want to know that whether account no. invalid attracts 138 NI Act or not.kindly help and suggest me.Regards
Vijender Sirsa
Anonymous
24 November 2011 at 22:03
Thanks to all the experts for providing their valuable view on the third party liability.
Can all of you help me further by providing case laws available on the said subject ? I shall be highly obliged if you do so.
Once again thanks for your support.
Anonymous
24 November 2011 at 22:02
Sir,
Can I go for stay and appeal to the district session court against the Interim order passed by JM court against Domestic violence act.
bhavin
24 November 2011 at 21:23
Respected Seniors and friends ,
i have filed a maintenance application but the opponent is residing at sudan.Does criminal procedure code permits to send summons through e-mail as registered post returned twice.
alleged
24 November 2011 at 20:29
(This query is connected to another query as "Justification of status.......)
Ridiculously, in some cases, police has submitted a status report to M.M. that upon enquiry it did not found any instance for registration of FIR and hence no action was taken by police in a matter.
(it is submitted after calling upon a status report by M.M.)
1.What is the legal validity of such status report filed by police before M.M., while the law permits a status report to be filed in accordance with section 173 CRPC ?
2.Can such report not filed in accordance with section 173 CRPC be taken onrecord by M.M.?
3. Is this covered by section 340 CRPC ?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Tips for cross examination
Hello..
M having matrimonial dispute with my wife 4 past 4 yrs. I have filed divorce petition. Now the stage is at cross-examine me. They will cross-examine me.
can u suggest some tips ..