Anonymous
06 September 2011 at 11:34
Dear all,
We are holding a chequed for Rs. 4,92,000/- dated 27.02.11 against a purchase order and we have duly supplied the material to the party but when we present the cheque the same was returned unpaid due to insufficient fund but to keep good relationship with the customer we did not issue any demand notice, just merely informed them such dishonour and asked them to clear their due and they also assure us that they will pay the money shortly. on 20.08.2011 i.e. 7 days before the expiry of cheque It came to my knowledge that my company has received a part payment for Rs. 2,50,000/- and they have duly obtained money receipt against such payment mentioning the bill no. after that they are not receiving our calls and having no other alternative I deposited the cheque to my bank and got it bounced as per memo dated 25.08.2011. Now I am confused that what notice should I issue to them, I desire to file 138 case as it seems to be more effective than money suit. So please suggest me can I file case under section 138 of N.I.Act or money suit or winding up petiotion , what will be the better option in this circumstances.Please advice.
sujit jaiswal
05 September 2011 at 22:13
Sir,
What to do if corrupted police refused to lodge a F.I.R against a criminal activities....
Thankyou...
Sujit Jaiswal
Jharkhand
Anonymous
05 September 2011 at 21:53
Sir,
I have a crpc 498A & 406 which was filed in women police station by my ex-wife were she failed to produce the Voucher of the belong which she has given in 406. final 498A & 406 culminated into challan which is pending in CJM court,were my ex-wife has give a list of belongs even though she has taken all the gold with her & some minors electronics items r at my home which i have also mentioned in my Divorce deed & i also requested the lady to take them but she refused ,Now she is using some influences in Women commission & get one recommendation r other,Now recently she has take a recommendation for recovery of her belong to the District SP,even though she has take all gold with her.Now my submission is can police take any action as 406 is pending in the court,
Anonymous
05 September 2011 at 20:04
What is the punishment if cheating under 420 is proved. If any crime is done and false works is make by a layman what will be the punishment for cheating to Government.Is there any excuse or Financial penlalties instead of going to the Jail.
manjeet singh
05 September 2011 at 18:04
sir/mam any person can do the govt. job after a criminal case (under c.r.p.c 325 include)is proved against him.also in case he has completed imprisonment.
Anonymous
05 September 2011 at 17:20
i have a complaint of omestic violence Act, opponent no-1 is husband and reside in canada, and other respondent reside in india . How i can serve summon to opponent no-1 at canada? pl. explain the procedur relating to service summon at foreign country in criminal matters.
N.J. MISHRA
05 September 2011 at 13:14
one of our employee Mr. XYZ attached with branch office at patna raised vocher for amount of Rs. 38,000/- for renewal of certain certificates through some agents. the said vocher was send at our Mumbai head office and accordinlgy the fund was deposited in the company's account operating by XYZ. recently the agent has confirmed that they received only Rs. 30,000/- for the renewal of the certficates. it is understood from the above facts that our employee XYZ has cheated the company. my query is that whether we can we file a criminal case against XYZ in Mumbai under section 182 Cr.P.C.
Anonymous
05 September 2011 at 11:07
Dear all,
My company by a mistake issued legal notice to the debtor u/s 138 of N.I.Act by asking them to pay the amount within 7days from the receipt of notice, although the section provides 15days time.In that point the opposite party could raise objection that the notice is null and void. After long searching I have got some citation pertaining to the said dispute that section 138 doesnot express that what specific time to be written in the notice so giving shorter date for payment is can not be held null. I am giving the citation, if any one having the judgement please provide me and also other judgements relating to the same dispute.
"Specifying period of 8 Days shorter than 15 days for making payment
cannot be held to be illegal while provision of Sec. 138, nowhere
provides that notice should prescribed period of 15 days for making
payment".
2010 Cri.L.J. 1019
9
Case referred
2008 Cri.L.J. 452
1999 Cri.L.J. 2010 Madras
Anonymous
05 September 2011 at 09:30
My 498A was quashed after mediation settlement recently. HC disposed the case with the conditions which were agreed upon one of which was applying for MC divorce on a particular date.
I complied with all the conditions but when MC divorce was to be applied my FIL and wife did not coperate and is still not filed and due to which the date which was mentioned in HC order has passed by which we should have applied for MC divorce.
Now they are saying that they will put some objection in HC stating that I did not file MC divorce and asking for money to file it and thus due to my default the Quash order should be revoked but this they did purposely inspite of me calling them daily and getting all papers ready.
My Questions:
1) The writ for quashing the FIR is disposed off already - stating Quash allowed- Can this be now be again opened
2) I am open to give divorce- whats the way forward what type of appeal they would file and will a summon be sent to me or mu counsel at HC as that order is already passed for Quash and in case they want to get it repealed I should be given a chance to defend.
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Section 82 & further
Hi, I have been falsely accused under section 498a.
My AB has been rejected from session court & I have filed my petition for AB in HC - waiting for the first hearing date.
Using all political & police connections my in-laws have first issued NBW against me & then a proclamation under section 82.
My question:
1). While my petition is still under process in HC, can I be declared PO after 30 days of proclamation. Will section 83 be in effect after that ?
2). On what grounds can I challenge this proceedings ?