Anup Gupta
26 February 2011 at 13:12
Dear Sir,
Actually I want to know if a Director (My Client) issued a Post Dated Cheque dt 20.10.2010 on 12.07.2010 on behalf of the Company as an authorized Signatory and due to some problem resigned from the Company on 17.09.2010 and his resignation was duly accepted by the Company. However, the Company has not filed form 32 for the same and on the MCA portal his name is still display as a Director. Further the said cheque dishonored on presentation. My Client received legal notice for commission of offence under section 138 of N I Act being a Director of the Company. It is relevant to mention here that the alleged cheque was signed by my client as an authorized signatory but before the date of Cheque resigned from the Company. Holder of the Cheque filed Complaint against the Company and all the Directors including my client.
Sir, My question whether my client is liable for commission of alleged offence and what remedy/defense available to protect my client.
Anonymous
26 February 2011 at 11:00
Sir,
A case under sec 279/ 304A, I.P.C was registered in the year 2004. An application for plea bargaining on behalf of applicant / accused has been filed. Now the father of the deceased victim, has agreed to a certain amount for settlement. Please clarify the following points:-
(i) shall there be any punishment after settlement of the case under plea bargaining? If so, what would be the maximum quantum of punishment normally awarded by the court?
(ii) shall there be any legal repercussion such as affecting to serve in any govt. department, getting a passport/ visa etc. or affecting on pensionary benefits from the Government and other factors if any also?
(iii) After the settlement of the case under plea barging what is the court's procedure in closing the said case?
(iv) What are the important aspects should be taken into consideration by the applicant/ accused while the settling the case under plea bargain?
(iii)
Anonymous
26 February 2011 at 09:59
please let me know the time to file a cheque bounce from the darte of bounce of the cheque.
The cheque was bounced on 23-02-2011.
Shall I send a notice to defaulter or not required.
if required than tell someone why is is required.
Anonymous
26 February 2011 at 00:32
RESPECTED EXPERTS,
IS IT POSSIBLE THAT ACCUSED IS REMANDED TO 3 DAYS POLICE CUSTODY BY FIRST CLASS JUDICIAL MAGISTRATE AND ON THE SAME DAY ACCUSED GET BAIL ORDER FROM ANOTHER FIRST CLASS JUDICIAL MAGISTRATE ON MOVE OF BAIL PETITION BY ADVOCATE?????
THANKS'S
Anonymous
26 February 2011 at 00:03
RESPECTED EXPERTS,
Mr.A, a junior engineer in government department.
His senior authorities(Assistant Engineer, Executive Engineer,Chief Engineer) misappropriate the public money.And case is book under section 409/407/34 of IPC.
While investigation investigating authority arrest Mr.A(that is in Friday) though he is no where involve in offence.As the case book under serious nature Mr.A was denied bail by First Class Magistrate.
My queries are;
1-What is the legal remedies that is available to Mr. A under above circumstances??
2-Will Mr.A be suspended as from friday to monday his police custody will be more than 48 hours.(THOUGH HE HAS NOTHING TO DO WITH THE MENTION CRIME).
PLIZ ADVICE WITH RELEVANT PROVISION OF LAW AND CITATION BY SUPREME COURT AND HIGH COURT.
Thanks in advance.
WHATSAPP 91-8075113965
25 February 2011 at 22:37
sirs,
now-a-days, we see a lot of mis-leading advertisements , mainly on cosmetics and ayurvedic medicines.
how far these mis-leading advertisements amounts to an offence and under what Acts ?
whether Magical Remedies Act ,
Drugs and Cosmetics Act, etc are applicable to such offences ?
Is there any special forums to complain, against these sort of cheatings ?
Only the aggreived can file complaint or whether any body can move the law in motion, by loadging a complaint, in this matter ?
pls advise me sirs,
Digvijay Prasad
25 February 2011 at 20:53
Dear Mr. Vishal, thanks a lot for your immediate reply and thanks for your advice. I was cheated of huge amount of money running into lakhs by the Accused. I was plundered and looted therefore I could not afford and hire an advocate to plead my case I represented my case in person. Being a lay man I was not aware that I have to file an appeal within a certain time frame. I had in mind that I can appeal with 3 years from the date of order passed in 2009. I was grossly misled by the High Court Judge who did not mention in his order copy that if I want to appeal I must appeal within this time frame. I think the Judge must have deliberately not mentioned the time frame period knowing that this would keep me in the dark and the possibilities of appealing in the Bombay High Court would be removed. Had the judge mentioned in his order copy the time frame, I would have definitely appealed with the time frame. I have the entire detail of the certified copies which have come from the High Court of the other State. The Accused has given a fraud affidavit with a signature of a fictitious non-existing Registrar having a Counterfeit Stamp and Seal of the other High Court which belongs to the other State. and these reports are in the possession of the Bombay High Court which had been directly sent from the other High Court to the Bombay High Court. I want the High Court of Bombay to consider all these above facts which was not known to me and reopen the forged Affidavit case. I reside in Maharashtra filing the case in the Supreme Court would be difficult for me as I do not have the money to travel from Maharashtra to Delhi (Supreme Court). Looking forward for your valuable reply and advice.
Anonymous
25 February 2011 at 18:01
Dear Sir,
I would like to draw your kind attention towards me. I am a businessman. Due to recession in my business, there occurs a great loss of money. There are about 7 cases registered against me under u/s 138, and two cases of DRT, 1 case in arbition in high court. I have filed a case in insolvency. so please, guide me informing the suggestions for handling these cases and any other information regarding the relief in these cases.
gaurav
25 February 2011 at 15:29
sir,
one person has filed one complaint case u\s 138 n.i.act during his cross xamination we have asked him to verify the details of cases filed by him against various persons u\s 138 by showing him the details and he has sought time from the court to verify the same and cross is deferred for the same and on the nxt date when my consel asked him whether he has verified the same he has given the reply in his cross that he has not sought any time to verify the same.now as he has given wrong statement on oath so plz suggest me wther this act of complaint fall u\s 340c.r.p.c and also plz give any judgement in this regard so we can convince the court.plz
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Fake Ownership & Rent Agreemnt......
If a close relative of mine, rents out my self owned property to someone else,claiming himself to be the owner. Signing a legal Rent Agreement with that person,taking cash each month as rent.
But unfortunately a year later my relative expires and now the so called illegal tenant refuses to vacate the place before the end of the agreement,2yrs from now.
What all can I do now to recover my property back to me?
Thanks.