jitender
29 August 2011 at 11:49
dear members,
i require your advice on a case where my client gave loan of Rs ten lacs to Mr Ram now Ram in order to pay back his loan gave 4 cheques of Rs. 2.5 lakhs each all dated 17 july 2011 and he wrote on back side of the cheques that these are security cheques and the amount will be sent to you by pay order earlier than the date of cheque , now Ram payed 3.5 lakhs back to my client but the balance is still unpaid,my client presented the 4 cheques all were returned unpaid for insufficient funds,
i issued a notice to ram demanding the money but he replied that since cheques were given as security no liability under 138 b is made out, and also that he has already paid 3.5 lakhs back
My query is that 1.can a complaint under 138 b filed before magistrate? as i am confused coz in ICDS Vs Beena Shabeer the sc has held that security cheques are covered , but there are also judgements to the contrary .
2. can a case be still filed for those 4 cheques when he has partly paid the amount ?
kindly suggest relevant case laws to suuport my case..
thanks in anticipation!
Anonymous
29 August 2011 at 11:25
If the accused does not receive the legal notice of cheque bounce case, is it possible to send the legal notice from some another lawyer.
Anonymous
28 August 2011 at 22:29
Fervent appeals made on behalf of the accused who have been sentenced hanging in Rajiv Gandhi assassination case pointing out(a.the mystry about the making of the bomb used in the blast b. The failurte to identify the person who made the belt used for the blast by Dhanu)the questions yet to be solved; and the sympathy of eminent former judge V.R.Krishnaiyar towards this is genuine? Linking the abolition of death sentence in tune with the IInd optional protocol of the ICCPR to this is appropriate?
Anonymous
28 August 2011 at 21:33
who is the authority to issue orders for missing person u/s 107 & 108 of evidence act
Anonymous
28 August 2011 at 19:48
S.304A of IPC reads - "Whoever causes the death of any person by doing any rash or negligent act....."
I am not sure about what 'Negligent Act' means. In case of an accident where the person behind the wheels, fails to take the victim to hospital, does it amount to the act of 'Neglect'? and if so, what is likely to be the verdict in such cases? Considering the penalty being imprisonment up to 2 years or fine or both.
and what if the person surrenders to the police at his/her own will?
Anonymous
28 August 2011 at 19:40
hounrable lawyer,
i just want to that in which conditions a case is refered for fast track hearings???
thanks for your advice in advance
Anonymous
28 August 2011 at 19:06
Dear sir/madam,
Can I withdraw the case i have filed for defamation u/s 499 agst wife,as there has been compromise between me and my wife and divorce being done by mutual consent.all papers presented in court.
I filed the case on the ground of false allegation in div.petition filed by wife of embezzlement of cash from a company
No summon from court sent to wife till date.also 498A&406 and 125 filed by wife being settled.
-Is there any requirement of wife to be presented to court where I have filed defamation case u/s 499.
Thanks.
Anonymous
28 August 2011 at 18:43
Dear sir,
As I have received very valuable advises on this site.
Thanks for all !
Now I seek advise-can I finish the complain u/s 420 and 406 agst.my wife and her father which(case) is registered in police,statement of mine and neighbours done but no investigation carried on by IO.
As i had to compromise with my wife who filed 498A,406,125 and divorce.
I filed complain u/s 420 and 406 ast wife & her father for excess jwellery taken by wife and her father on record with their sign.Now divorce by mutual consent,compromise u/s498A & 406 and 125 papers presented in court. so I have to also withdraw my complain.As per Instruction of my lawer and talking with IO,
I have presented application and affidavit on Rs 10/- stamp(un notarised)containing" As compromise between me and my wife and/incl. her father has been done.and there all disputes between me and wife finished and we have presented compromise/rajeenama in all cases, So I do not want any action."
--Pls advise me this affidavit will finish the case or anything more or any problem it may be with me.
-Is wife and her father required to come to the court or police where I have filed the complain for any legal/police requirement.
pls tell me.
Thanks a lot !
Anonymous
28 August 2011 at 14:04
in one of the case crime branc accused 7 people out of which 2 (one officer and one grade 4 employee, both had nexus) were absconding for 5-6 months. their bail application were rejected by HC about 2 months back. now they have got bail. They are in govt office.
after getting bail now they are asking one of the employee of their department (who is person of integrity and honesty and the same is confirmed by crime branch) to have a telephonic conversation.
this May be to entangle him so that get absolved from the case. they may record his conversation and may force him to accept fact whihc he may have (not sure) carried out to obey his boss since he has no option but to follow instructions of his boss (this happens in govt offices).
please suggest what should be the course of action of other employee? what are his rights?
I want to help the an employee who is set an example for me of honesty by scolding a guy who was trying to offer him bribe.
Please helppp ASAP.
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340 crpc can be filed before charges or trial started??
Dear Sirs,
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