Shree.
28 July 2011 at 13:58
Dear Members,
A cheating case u/s.406 & 420 of the IPC was filed by the Inspector Of Police,Economic Offences Wing and in the FIR reveals Occurence of Offence day before the year 2003 and the Inspector, now registered the FIR on 12/7/2011.Section 5 of TNPID not included in this case.
The Complaint was forwarded by the Learned Judicial Magistrate u/s 156(3) on 28/7/2010 but after lapse of 1 year the Police registered the FIR .The allegations in the FIR is that the Accused were husband and Wife runned a unregistered Chit Fund Business prior to the year 2003 and cheated to the tune of Rs.40,00,000 from the Defacto Complaianant (from one person alone).Further no compliants were made by any other persons.The defacto complaint had obtained Rs.10,00,000 from the Accused by executing a valid pronotes.Inorder to escape from repayment of the Promissory Note Debt had cunningly filed the complaint before the Magistrate u/s 156(3).
Now Please Clarify When the Offence u/s 420 and 406 IPC , Further Crpc u/s , 468. Bar to taking cognizance after lapse of the period of limitation.
Wheather Quashing of FIR possible before the High Court?
Any citations regarding the delay of FIR in favour of the Accused after the period of limitation?
and also CLEAR ME regarding can a Inspector of Police registering a FIR after 1 year u/s 156(3) is correct?
Thanking You in Advance.
Rgds,
Adv,Shree
Rajesh Ghadge
28 July 2011 at 13:03
what are the exemptions in the defamation case. I am the accused and the complainant is the practicing lawyer. I paid Rs. 4000/- to the complainant on his demand to solve one issue related to the third party and then the same was mentioned by my lawyer in my written statement and rejoinder. Now this lawyer to harass me filed the suit on me since the transaction was mentioned in my written statement and rejoinder.kindly help me by giving me the exemptions applicable in the law to come out of this issue. I will submit more details if necessary.
Krunal Patel
28 July 2011 at 10:27
Dear All,
One of Person residing in our Area had taken 2.45 Lacs from us as a DEBT, Further he had given cheque for the Bank located in Daman(U.T.)
Now the cheque had bounced and even that person is not available. When we visit to his FLAT their is notice from Bank that Flat is been mortgage.
Then we approached to Lawyer who has asked for Rs. 50000 Fees but no guarantee for return of our Funds.
Also the period for which we can complain is passed almost One Year.
Can you suggest how can we search that person and what can be legal ways to proceed.
Arvind Singh Chauhan
28 July 2011 at 08:38
If recovery notice has been issued to husband on the steps taken by the lawyer of wife, and husband wants to deposit amount in court. Wife has left to pursue the matter, only her lawyer is taking steps.Wife is not traceable and have supposed to remarried with another man.
What would be of money, whether husband can get it back if wife does not come to receive it? Up to what time court should wait ?
Anonymous
28 July 2011 at 02:53
Dear Members
My wife has filled false 498a case on me and my parents.My parents are retired from govt job are receiving pention. The have 3 days interim bail from court of session in the event of arrest.
My query is, will this effect my parents pentions as they were in govt job and receiving pentition in the event of arrest or notice to surrender.
Anonymous
27 July 2011 at 21:10
is it necessary that an accused should file a discharge petition snd prosecution should file reply to that petition. what is the duration within which the court should decide the discharge petition
Alok Vashishth
27 July 2011 at 20:24
Hi,
I have sold the shares of my company to another director and shareholder 5 months back and in return he gaves the amount as PDC with cover note on Rs. 100 stamp paper.
Last week, he has sent me a false notice that he has not given me any such cheque. I have following queries:
1. Does such false legal notice has any standing ?
2. Do I need to respond to the notice and in what time frame ?
Thanks,
Alok
shashidhar
27 July 2011 at 18:29
Goog Evening respected lawyers and friends
In my name criminal case of abatement to death( NO dowry case - seems to be 304A ipc) . my brother's wife committed suicide ,
charges have been made on my brother and me.
still cc number not given and its in pending case list.
now ,
am i eligible to get govt(banking) jobs in India?
Kindly suggest.........
Advocate M J
27 July 2011 at 17:24
Good Afternoon respected members.
In my case the complainant has not appeared before the hon'ble court since 7 to 8 dates.
Now i am filing a petition for dismissal of case. I request the learned members to guide me under which section can i file a petition to dismiss the case.
Thank you sir
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House Robbery
If accused getpolice custody from 14/08/10 to 16/08/10 and Magistrate custody from 16/08/2010 upto 29/08/2010 but she get bail in PCR on 16/08/2010 and come out. Its possible that, if accused get magistrate custody upto 29/08/2010 and she comes out without going to jail on 16/08/2010 it self. On which ground its possible?