SANJEEV
22 September 2018 at 12:20
Dear sir
request informetino on - is accused presence mandatory during a final judgement on cheque bounce case - can accused be exempted from attendance
ashok
22 September 2018 at 10:17
A criminal complaint was filed. Notice for calling of court records was issued by trial court. Moreover additional evidence were also added during the pendant of complaint from time to time
but No notice to respondents was issued. thereafter numerous hearings were adjourned on one pretext or other for about a year. Finally, on a specific hearing date, when the advocate happened to abstain himself from court proceedings due to "no working day" observed on the call of respective DBA and on the same day the said complaint was rejected , whereas advocate was expecting next hearing date.
Since, working of Hon'ble court judges are unaffected by "strike" or "no work" of lawyers, hence "appeal" on that rejection was also dismissed wherein advocate himself placed on record DBA notification, affidavit showing his non-appearance before trial court on the date of trial court order.
As such the poor, helpless complaintant has been left high & dry without giving any fair opportunity to represent before Hon'ble court. ..
Any advice/suggestions are solicited for further course of action, please
manivannan
22 September 2018 at 09:28
Hi Sir/Madam,
Two year back i gave some amount to my known friend for interest for his business needs and i took blank cheque(signed) as security. now i am asking him to repay my amount for the last one year. but he is not yet. when i think to file NIA 138 cheque bounce case i was told that i cant file a case with blank cheque(filled by me excep signature) as that would be cosidered as material alteration with security cheque i cant.
so i took a new cheque from my friend filled half of the amount for a particular date. now it has been filled fully by him and singed in my father name(crossed cheque) as i moved to foreign.
Can my father file a case under NIA 138 against him if the cheque bounces? or do i need to have any other documents signed from him? Also
1. Can cheque bounce case valid for any reason cheque bounce . for example if he given stop payment for that cheque number after giving it to me? or it is valid only it bounces for insuffients fund?
2. what action i/my father can take if it bounces for any other reason?
3. Can my father say in court that my son is in foreign so his friend gave cheque in my name which was not cleared. so i can file and continue the case?
4. do i need to physically appear in court for any reason? as i transferred money to him?
5. i paid him money through my bank account online (in 2 transfer). do i need to show any proof of income in any case(i can still show it as i get salary after tax deduction).
6. does my father has full rights to file a case as cheque was in his name? do i need to give any power of attorney?
Note : i have posted the same query earlier as anonymous (i dont know the rules of the portal as i am new to this site.). now posted in my login.
Anonymous
21 September 2018 at 21:50
Hi Sir/Madam, two year back i gave some amount to my known friend for interest for his business needs and i took blank cheque(signed) as security. now i am asking him to repay my amount for the last one year. but he is not yet. when i think to file NIA 138 cheque bounce case i was told that i cant file a case with blank cheque(filled by me excep signature) as that would be cosidered as material alteration with security cheque i cant.
so i took a new cheque from my friend filled half of the amount for a particular date. now it has been filled fully by him and singed in my father name(crossed cheque) as i moved to foreign. Can my father file a case under NIA 138 against him if the cheque bounces? or do i need to have any other documents signed from him? Also
1. Can cheque bounce case valid for any reason cheque bounce . for example if he given stop payment for that cheque number after giving it to me? or it is valid only it bounces for insuffients fund?
2. what action i/my father can take if it bounces for any other reason?
3. Can my father say in court that my son is in foreign so his friend gave cheque in my name which was not cleared. so i can file and continue the case?
4. do i need to physically appear in court for any reason? as i transferred money to him?
5. i paid him money through my bank account online (in 2 transfer). do i need to show any proof of income in any case(i can still show it as i get salary after tax deduction).
6. does my father has full rights to file a case as cheque was in his name? do i need to give any power of attorney?
nitin gatagat
20 September 2018 at 22:05
I had mDeba appeal in high court for quashing in sec 138 .. but judge was abSent on date.. next date given by high court is 11 apr 2019...
But in saket lower court date is 26.11.2018.
Can court wait for the high court process
Anonymous
20 September 2018 at 17:30
my question is regarding provision, law existing clarity.
if a victim is in position of evidence then law empowers him/her to do whatever he/she wants without moving to police, court. or law empowers to do whatever he/she wants without moving to legal authority and taking law himself in hand or it is legal to do without informing anybody. or what is law please consider case to be any little or high serious or any crime whatsoever.
Vidyasagar verma
20 September 2018 at 17:18
Meri sister bina bataye ghar se chali gayi uske baad humne use sabhi jagah talash kiya relation and hum uske jitne friend ko jante the waha par bhi talash kiya but wah kahi nahi mili Then 12 hours ke baad humne complain register karwaya and sak ke aadhar par ek ladake ka naam jisse wah mobile par bat karti thi uska namm darz karwaya aur police officer ne sec 363 ipc ka Fir darz kiya hai.
But complain register karwane ke 8 hours. Ke baad uski friend(school friend jiske baare me humko nahi pata tha)ke wahha se pata chala ki meri sister wahi Par hai.Then mai apni sister ko lekar Police station par gaya and complain return lene ko kaha par ab police officer bol rahe ki complain wapas nahi hoga aur meri sister ko apni custody me le liya aur bole ki ab medical and magistrate ke samne statement hoga .
Aur mere upar bhi action lenge kyoki maine sak ke aadhar par ek ladke ka namm darz karaya hai.
so sir iska solution kya hai?and my question is-
1-kya complain wapas ho sakta hai aur police station me hi settlement ho sakata hai?
2-kya mere upar koi case banta hai kyoki maine kisi ladake ka naam diya hai?
Sir iska kya solution hai kyoki mai LAw ke bare me jayada information nahi hai.
Please help me.
Thank you.
S.D. Singh
19 September 2018 at 22:19
Dear sirs, from which date amendment u/s 143A is effective. Whether it is applicable to pending cases as well.
AKSHAY
19 September 2018 at 20:58
I got bail from mumbai session court mumbai on 13.08.2018 on below condition
The applicant is hereby directed to be released on executing P.R. Bond of Rs.100000/- Further, he is hereby directed to furnish one or more sureties of the like amount within two months
I have property in joint name with my father at kamothe (Navi Mumbai, Maharashtra) and this property is mortgage with bank. Is this property is liable for solvancy certificate (sureties) OR there is any other way to provide sureties to session court mumbai.
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in my case my wife loge a private complain in cort us 498
sir my wife loge a private complain u/s 498a without any proof .she is his statements u/s 202,after debets court 498 charg to me.without any proof so i m loge rivijan to adj court. wife stetments in 125 and 13 and 498 all differ. and 125 i am all readu woon. sec 09 and 13 is runing. i am all ready a police complain agaains my wife befor loge his private complain.so i need yr help this fals 498 a charg.i want sonme ruling.pls gaide me urjent.