L R Sharma
01 June 2011 at 17:43
Dear Experts,
I need the guidance for criminal prosecution proceedings initiated against my client in a JMIC court by Central Excise deptt. Please suggest the rulings and precedents by High Courts/ Supreme court of India. Regards, L R Sharma,Advocate.
AMAR RANU
01 June 2011 at 16:05
Whether a former representative of an original complainant corporate body in a private complaint before a magistrate can file an application u/s 302 of Crpc in his individual capacity to seek permission to prosecute the accused in a compondable offence u/s 406 of IPC in the said private complaint whereas the original complainant corporate body wanted to withdraw the said same private complaint lodged thorugh the former said representative?
In a bizare Order,a Mumbai Magistrate has allowed the said application of the said former and unauthorised representative and new and substitute authorised representative of the said original complainant corporate body has also been allowed by the said Magistrate to represent and pursue the said private complaint on behalf of the said original complainant corporate body.
In the light of the above,it is humbly submitted as to whether said section of 302 of Crpc is applicable in the matter of private complaints before Magistrate courts and can a former and unauthorised representative can intervene alongwith a substitute and new authorised representative of the said original complainant corporate body and what would be the remedy now?
james bhatti
01 June 2011 at 13:06
It is said that the bail is a right of the accused. Actually this is not true. The courts have been conferred with the discretionary powers and they have made up their minds not to grant bail. They are declining the bails even on merits which have no appearance of the name of the accused.
Jails are over crowded. Justice is being declined.
What should be the remedy?
vinod
01 June 2011 at 12:51
the case is as below:
1) false addresses used to open acct with commodity excahnge and loss caused to the tune of 4.5cr in such falsely opened accts
2) all such addresses verified false by the police
3)accused and 3 coaccused charged under sec 420,467,468,471,120B
4) main accused in jail
5) main accused had his bail rejecyed by the sessions court
6) main accused moved high court, imp here to note that his brother who is coaccused had his anticipatory bail rejected from the same high court and is absconding against the courts order to surrender
7) the complainant(commodity exchange) presented the security cheques which got bounced....notice served under sec138
8) main accused also has opened false accounts with bank giving false addresses and the same bank cheques given as security
My contention here is that cheque bouncing will invoke sec138 but the forgery committed in giving false documents(fabricated) of addresses that do not exist to open account with commmodity exchange attracts sec 420, 467,468,471,120B.Is there a conflict with applying sec138 and these sections
the accused lawyer contended before high court that since notice served under sec138 the complainiant can file case under above charges and can not claim relief from both civil as well criminal forums so the accused must be granted bail.
he is trying to convert a criminal case into civil suit.
however this contention failed in front of sessions court which rejected the bail saying accused has serious charges and also has no fixed address or property in his name
Question) can he get bail by claiming that since sec 138 applied so no criminal case can hold and he should get bail.
Pls provide some citation also in this favour.
Anonymous
01 June 2011 at 11:44
Sir
There must be certain guidelines and principles which are to be followed by any investigating agency before laying a trap and apprehending the public servant . Not all public servansts are corrupt. There can be mischief mongers amongst the complainant also.As far as my knowledge goes. The CBI must first investigate the complainant about the genuineness of the complaint. secondly they must ensure that there is no inducement thirdly the IO must ensure that the person who demanded money is competent to do that work in his official capacity or not. If the CBI does not follow these guidelines then for what purpose they must be condemned by all legal experts.Nowadays the CBI is just simply catch the govt servants for mere publicity thaqt only small grade employees GR C aqnd GR D and the investigators stand and pose for a photograph session for news and their way fo f standing show as if they are james bond.
Ajay Agarwala
01 June 2011 at 10:13
Dear Sir
I Have filed a cheque bouncing case against one of my customer, and the case is going on from last 2.Years,now we are in the final stage of judgement,we have all necessary documentary evidence with us such as bounced cheque,bank return memo, carbon invoice copies signed by the customer,advocate notice delivery confirmation from the postal department in written,now the stage is of accused statement but he is saying that he will give statement in written, is it possible, he is also denying that he had not received the advocate notice, as the person was from different state it was very difficult for us to bring him before the court, after serving 3.summon he did not appeared in the court as he has given some money to his local police,lastely court has served him summon through DGP and after that he appeared in the court,He has also given surety bond in his first appearance, sir i am sure that after judgement he will ran away because he is a big cheater, can we pray to magistrate to take him to judicial custody after judgement,and is there any precaution to take surety of my money.
waiting for your reply as soon as possible'
Anonymous
31 May 2011 at 23:47
Dear Sir,
My query is regarding one of the acchident happened in recent times.
I met with an accident while driving my car when it is collided with an Activa Honda.Three people were travelling in Activa and one of them were carrying a Glass top.I accidently hit the bike from behind and three of them fell down and broke the glass.Because of the impact of broken glasses, two of them had injuries.I immediately took them to nearby hospital and got admitted.Mean time, police men has also come and noted down the details.While in hospital,i have offered to pay for treatment even though its not my fault alone.but, they were asking for more money and i have told them that i am not willing to pay anything more than 50% of cost.They informed that they will go for legal and filed a complaint.Police seized my car and told me to come with papers next day morning to release the car.The next day,i went to hospital with original papers and they told me that they have filed a case against me under Sec 337&279 and arresting me.Later, they send me on surety and told me to sign the papers for release.I insisted that i havent done anything, but they keep on saying, its just a process and you can get out paying the fine in court.I believed it and they also showed me the complaint written by other party.It has mentioned about 3 people riding the bike and have not mentioned about carrying the glass.I asked police men and he told me that it is written by other person.Even though insisted on filing a counter complaint from my side, they insisted that its just a process and why do you want to get into this and just ignore it.
I am confused now and dont know what to do.what will happen if court decide to punish me apart from fine as mentioned as per IPC.Please let me know how to proceed as i also dont want to get drag down in prologing case process. request your help.
Anonymous
31 May 2011 at 22:48
Dear Sir,
I served in Indian Navy (Defence) for 15 years and now staying at Mumbai. As I earlier informed lawyersclub that we are having a house at kolkata where my parents are only staying.One tenant is occupying two rooms in the house since last 35 years and till date our every try has gone in vain to evict them, though they are paying merely 75/- as rent through rent control.
Now I am fearing that whenever I will go to my native there are chances to trap me in false criminal case, which will result too much harrashment for me and my earning source at Mumbai will be stopped. In this situation please guide me what step I must take to save myself from any false trap
Anonymous
31 May 2011 at 19:49
It has been stated in the private criminal complaint by the complainant that, myself and friend has cheated the flat owners as well as the complainant, based on the letter issued by our Flat Owners Welfare Association, with cooked up story of demand of Rs. 2 lakhs and threatening by our husbands at his office during the office hours and FIR has been booked against them under Section 419, 420, 469, 448 and 506 and 506 R/w 34 IPC., under concerned Police Station, Hyderabad.
The Complainant has filed a false complaint with sole intention to scuttle the ongoing legal process between him and flat owners before the State and National Consumer Commission and make the flat owners to come to a forced compromise.
Through our spouses we were forced to approach the A P Human Rights Commission. Our petition was accepted and notices were issued to the Dy. Commissioner of Police (West Zone), Hyderabad, in 2010. The concerned Inspector of Police (Investigating Officer), of the Police Station had submitted a biased report to the Hon’ble Commission.
Sir, the FIR was filed in July 2010, still under investigation and collection of evidences. Ten months having passed the complainant is unable to prove charges against us. It’s clear that, his allegations are false and baseless. The Investigating Officer of the Police Station has not provided to us the copy of the association letter mentioned in the criminal complaint filed. But, insisted and collected the evidences from us, which was submitted to the Officer in Sept. 2010. When asked for the acknowledgement he refused to give the same. Immediately, as proof of submission of evidences we were forced to sent emails to the Station House Officer of the Police Station, Asst. Commissioner Of Police, and Dy. Commissioner of Police (West Zone), Hyderabad. The same happened to us when our spouses submitted the evidences to the Investigating Officer in Jan 2011, along with their joint written statement. We immediately submitted the copies of the same to the Hon’ble Commission in person and to Dy. Commissioner of Police (West Zone), Hyderabad, as well as another copy to the Investigating Officer of the Police Station by speed post.
The report submitted to the Hon’ble Human Rights Commission show that, the official has been influenced. As it has been done without taking into consideration of our evidences and also without submitting evidences collected from the complainant and others, proving our allegations are false and baseless. In the name of collection of evidences the official is giving sufficient time to the complainant to buy the witnesses so that, the charge sheet to be filed can be in his favour.
None of the flat owners or other office bearers other than the present President our Flat Owners Welfare Association have the knowledge of such letter has been issued to the complainant as mentioned in the criminal complaint.
Our Present President being one of the office bearers in the Happy Homes Apartment Owners United Central Association which filed two Writ Petitions before the A P High Court related to the same issues which the our block flat owners fought for before the State Consumer Commission and aware of the State Consumer Commission orders which was in favour of the association and others. He is aware of the complainant pending First appeal before the National Consumer Commission, has accepted the awarded amount by the National Consumer Commission from the complainant, still intentionally issued a false and baseless letter to the complainant for his personal benefits. He has cheated the all the flat owners by denying the relief’s awarded by the State Consumer Commission, by not disbursing the awarded amount to the respondents in the National Consumer Case till this date, creating hurdles to the authorized person or others to appear before the National Commission on the date hearings.
As both the complainant and the President of our association have put us and the family to unnecessary harassment, mental agony and financial problems, as both have cheated the flat owners and defamed us intentionally they deserved to be booked under IPC sections of cheating, criminal intimidation, defamation, etc.
Our prayer is:
i. Quash the above mentioned criminal proceedings.
ii. Award suitable compensation for subjecting our innocent husbands to unnecessary harassment, mental agony, defamation and monetary loss.
iii. Punish the complainant, his accomplice who have foisted a false case against our husbands as per law and
iv. Other relief(s) as deem fit and proper in the case.
I need free legal assistance on the matter. Can I get the help from any of the experts and get proper reliefs?
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Criminal Proceedings U/S 9A and 9AA of CE act
Dear Experts,
I need the guidance for criminal prosecution proceedings initiated against my client in a JMIC court by Central Excise deptt. Please suggest the rulings and precedents by High Courts/ Supreme court of India.
Under what circumstances the proceedings can be quashed?
Regards, L R Sharma,Advocate