Criminal Law queries [176]

practicing advocate 14 September 2018 at 09:40

Private complaint

Respected Learned Counsel

I came across to one case which is partly civil and partly criminal
Facts of the case
One credit society of MSEDCL Employee had given the loan of three lacs to the original borrower and against the loan four MSEDCL Employee stood as a guarantor.The original borrower hardly paid some amount for eight months and after that he was dismissed from the MSEDCL Department for remaining absent for a continous period of one year.The credit society had issued a notice to the guarantor and the credit society after issuing a notice the credit society had initiated action against the guarantor after one year.At present the four guarantor has cleared all the liabilites of the original borrower who is ran away to other state or may be to foreign countries as the original borrower did the hotel management course but his relative is still present in india.The loan was disbursed on the temporary address of the original borrower and as per the records of the employee the address of the original borrower is of gujarat.Now after clearing the loan the guarantors wants to initiate criminal action against the original borrower in order to punish the original borrower for cheating and breach of trust.For recovery purpose they want to file a civil suit against the original borrower.
I had told the four guarantor to submit online complaint and after that they got a call from the police station and after listening facts of the case they told the guarantor it is purely of civil in nature and if possible bring an order from the court.I was continuously focusing on the intention of the original borrower since at the time of applying for the loan the intention is to cheat the guarantor only because the MSEDCL Employee salary is already attached with the credit society and it was not in the knowledge of four guarantors.Same act was repeated by the original borrower from other credit society also.Now it become the tendency of the original borrower to cheat the guarantor.
I would like to know that is it possible for guarantor to initiate criminal action against the original borrower for cheating?
If so please provide me the citation
Please provide me your valuable advice.
Kind Regards,
Advocate-Pradeep Mishra
I am also in the linked in,twitter account by the practicing advocate pradeep mishra.

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Bharat 13 September 2018 at 16:13

Appeal format

Hi, I need a Appeal format U/s 374 against the Order/ Judgement passed by the MM in 138 of N.I Act case

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Anonymous 13 September 2018 at 09:18

Harrasment by boyfriend

A friend of mine had been in relation with a guy from 4 years , the guy bought a car on loan of the girl for which the girl pays loan and vehicle also registered on girls name . Now the girl wants to move out of the relation where as the guy threatens with suicide and is also not ready to return the car or pay the loan The guy has also snatched her phone from her to avoid her communication with people and see who all she talks to , Not paying the loan will result in loan default , whereas the vehicle is not with her . What can be done in this sitaution ?

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Vijay Sharma 11 September 2018 at 23:34

False dv charges

Respected Lswyers,

My brother's wife lodged a false FIR on me under IPC307. Post police verification they found that I was out of town that day as I am living in different state.
Now she lodged a DV case on me however I am living in different state since she was not married.

Now I need to travel out of country, do you see any consequences?

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RK 11 September 2018 at 20:59

Appeal against aquittal in case of state of maharashtra.

Date of Order : 31/03/2018
Date of application to court for certified copy of order: 07/04/2018
Date of Receipt of order : 09/08/2018
complainant: State of Maharashtra V/s Accused
case under section: 354, 452, 120B, 504, 34 IPC.
can victim file an appeal against order of acquittal of accused if yes then what is period limitation ?

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Sanjeet 11 September 2018 at 16:42

My house father house have been occupied by my wife illegall

Dear sir
My wife have filed false 498a,we all got bail.she also filed maintenance case asking money and illegally capture the house.she and her family have removed my parents and other family members. She is not allowing us to enter i that house.now wr are forced to live outside in my relative house.This house belongs to my father's self occoupied house.i have also filed divorce case to my wife.We gave complaint to nearest Police station but they did not take any action and guided us to go file case in court.then we went superintendent of police patna.and also district magistrate public grievance but we did not get relief.
Now we filed criminal writ in high court as per my lawyer to remove my wife from my father house.

Pls advice in this criminal writ how much time will it take for order.
Will Can court gives order to remove my wife who illegally capture it.
This take time i how may days.
Pls advice as my parents are senior citizen.

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Anonymous 11 September 2018 at 16:39