Anonymous
28 October 2011 at 06:16
Out of total consideration amount, accused had given Rs.16, 30,000/- by two cheques each of Rs.8, 15,000/- dated 5-5-2008. Out of these cheques, one cheque was given in the name of complainant bearing No. 7020272 and other cheque was given to complainant's brother. Said cheques were given towards part payment of sale consideration.
Complainant encased this cheque on 17-5-2008.
His bank informed him on 21-5-2008 that said cheque was dishonored and bank returned it with memo with reason 'Drawer's Signature Differs'. Though the accused assured
Complainant that said cheque was encased, but this was dishonored. Thus, accused cheated the complainant and committed an offence u/s 138 of Negotiable Instrument Act.
4. Complainant issued notice through his Advocate dated 27-5-2008 to accused. Said notice was not received by accused and returned with endorsement that accused could not be contacted at the time of duty and hence returned to the sender after lapse of time. Again complainant issued a notice on 16-6-2008 by registered post as well as by U.P.C. It was returned with remark that addressee did not come to the city in spite of lapse of time. Notice sent by U.P.C. was served, as it was not returned. It means that accused get the notice.
MY QUESTION IN ABOVE CASE U/S. 138 OF N.I.ACT
. IF AFTER ISSUING FIRST NOTICE OF DISHONOUR OF CHEQUE IF REMAIN UN SERVED, TO ACCUSED AND IF ON SECOND TIME SAME NOTICE SENT TO ACCUSED, THEN, FROM WHERE, THE PERIOD OF LIMITATION TO BE COUNTED FOR FILING THE COMPLAINT?
Anonymous
27 October 2011 at 23:53
what is the responsibility of one son to maintain parents if the parents have gifted the property to the other son
manoj
27 October 2011 at 23:05
I need to know the Facts and decision of this case.
SakhiMandalaniv. State of Bihar, (1999) 5 SCC 705 : 1999 SCC(Cr) 1039
francis
27 October 2011 at 21:08
can i file a petition against the society,for not taking action against the rented tenant,
the society was formed many years back and was registered,but they have not maintained the rules and regulation
from years,the landloard are keeping tenant,without permission of the society,
and even no police verification are done,i am staying in my brothers house since from 2003
as a care taker my brother is staying in london......the tenant are nuisance,
using verbal language,spoiling the atmosphere of the society,
making noise after deadline hours in the evening..........................
Anonymous
27 October 2011 at 16:42
my brother Acquit (A3) name mentioned in the FIR and CHARGE SHEET is
his nick name(entirely different from his actual name), He is in regular bail with the nick name.
will it help for quashing 498a
pl suggest. thanks
francis
27 October 2011 at 12:58
in the first half i wrote about the neighbour child troubling us and about the mother using verbal language,and her husband who is a retired military person...the original landlord is staying in london,i spoke to their landlord brother-in-law regarding the problem instead he was saying that his relatives are working in commisioner office it is of no use by giving complain to the commisioner they will instead troublem me,he knows people all over,this is the reply what i got,and the tenant turned the whole story around and showed that they are innocent,they have not taken permission from the society for keeping the tenant,and this flat is of mahada,the society was formed many years back,but they have not maintained any thing,i have informed the members of the society also about the behaviour also........menatll harrasment,verbal harrasment,property damaged,ringing the bell,closing the main switch of the electric meter,tearing letters and so.........what can be done
no police verification is also done regarding the tenant........
Anonymous
27 October 2011 at 11:14
i and my aged mom aged 79 was charged under IPC 498(a) on 3 rd June 2010 .We were granted bail on condition that i have to report mentioned police station for two months .i reoprted to police station for 2 weeks and in mean while i got visa and went abroad Trail on criminal court is on ,my aged mom attened court and due to her age she was granted some time permision for attendence in court
on June 2011 divorce on xpartie was filed by girl party and on September 2011 divorce was granted
The case on Judicial criminal court for IPC 498 is on october 30th Girl has agreed to come court for squashing case
As ia m abroad will my case on this IPC 498 will also squash as i am unable to coem now as i have to sell my property for a job and now it is only 1 year i got a scurity job here in Dubai
Ganesh
27 October 2011 at 11:06
A person was convicted under S324 of IPC by Sessions court Bail was granted and he appealed in high court High Court granted bail. His passport was impounded by the Sessions court and later on given on the condition that he should inform the High court while moving out of country. Now the person is having a good job offer and he has to leave the country for few months. Can the high court give him permission to move out of country what will be the process. Can you suggest any lawyers in Mumbai who could complete this process cheaply and efficiently.
Anonymous
26 October 2011 at 19:20
sirs,
this query is more relavant now-a-days, than in yesterdays !
suppose, a magistrate wilfully makes wrong and perverse judgement, only due to some vengeance towards the client's/counsels behaviour towards the court, then also, the only remedy available to the aggreived is to file an appeal/revision against the illegal judgement ? nothing can be done against the wrongdoer magistrate ?
A judge/magistrate is totally immune to any legal proceeding ?
whether something about the "irresponsible attitude of the magistrate " can be mentioned , in the memorandum of appeal , and an action against the magistrate can also be prayed for , in the appellate court, along with the prayer for acquittal of the accused in the appellate court ?
and, whether there has been any incident , in which a magistrate has been scolded by the appellate court, for making "irresponsible judgement " ?
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permissible custody of Defaulting-Respondent for default in paying maintenance-arrears u/s 125 CrPC to the claimant for each execution for a period of more than one month or one month for each month's default covered by same execution?