CHANDRA MOULI
12 January 2011 at 06:54
About 2 yrs ago, a news was that the Appex Court pronounced a judgement declaring that a cheque given as security by a 3rd person and if it is depositted in a bank and bounced, it can not be treated as an offence and tried. Will u please let me know the case numer and the text of that judgment...?
We have a case where in A gave loan to B.
B gave a cheque to A. C is a friend of B.
Hence C also gave a cheque to A as security. A depositted the cheque of C in a bank and it is bounced and case filed in a court. Trial is on. Now we want to argue that it being as security, it can not be tried interms of the said appex decision. Can we do so...?
Anonymous
12 January 2011 at 00:06
I came to know through this wonderful site LCI that Stop payment/account closed cheque cases do not fall under 138 NIA of 2009 Raj Kumar Khurana case.
Yet a case has been accepted by the lower Court filed against me under 138 NIA.
I had stopped the payment of that account before presentation of that cheque.
Can you please tell me that shud I present that Citation of SC before mine Court and ask to decline case against me?
santhoshkumar
11 January 2011 at 23:27
i am santhoshkumar from erode,tamilnadu.my mother was murdered on august 24,2010 and police arrest one of our family friend from his statement police arrest another 3 guys who involving in the murder.but that murderers are got bail with in two months in chennai high court.till now police didnt file the charge sheet.if i ask about charge sheet means they told that they are waiting for chemical lab reports.i have one sister.we also lost you father before 10 years.now we are like orphan.no one helping us.pls any one help me for my mothers case.pls any one take our case for further proceeding.my contact number is 9986813103
Kumar Krishan Agarwal Advocate
11 January 2011 at 22:31
My Learned Friends,
Suppose any complainant has made a complaint to the police and the Police may registered the case of 107/116 against the adverse party. Now How the further criminal proceedings be held before the D.M/ city magistrate/ S.D.M ?
1. Whether the Executive/administrative Magistrate may direct pass an order for the arrest of the adverse party to the police without sending any notice/summons to the adverse party ?
2. May It is necessary to send summons to the adverse parties first, before deciding any legal action may stand against the adverse party or not ?
3. Whether the court dismiss the complaint of 107/116 under sec 118 in cr.pc after getting the enquiry report by the police ? Or may take necessary action under Sec 110 on the enquiry report by the police?
Avinash
11 January 2011 at 19:24
Dear All,
Many Thanks for the Learned Experts who guided me in my last query. I have filed a Private Case for Section 497 in the Court of Law against the Paramour of my wife and have included even her CRPC 125B and 107 for Criminal Conspi against her because of her involvement he had called me thro phone and threatened me with dire consequences and confessed about their relation and later with that i filed 506 and 504 against him.later it has been taken for FSL report.Can any body pl help with some citation details where women has been summoned under 125b and 107 with ref to 497
Please it will be a great help for me to get my son cust.
Regards,
Avinash
Anonymous
11 January 2011 at 14:14
Dear lerned experts. My question is how to wind up/close down a Pvt.td. Company.
I wopuld be greatful if the learned experts share their valuable knowledge with me.
Anonymous
11 January 2011 at 13:07
Sir,
Which section of cyber crime law applies to impersonation of email accounts and personal data of a person and what is the procedure to sue the person?
Anonymous
11 January 2011 at 13:07
Hi
I want to know what is the maximum punishment under section 138 and section 420.
My father had dealings with few people which can not called as registered business as he was working as free lancer. Now he had huge business losses and he is not in a position to pay his debts.
He has issued few cheques from his pention account ( he is retired from Defence (vrs) )
Further there was one property in his name which was transfered to him thru gift deed from my Grand father. But in March 5th 2010 the same has been transfred to me through gift deed from my father.
Later he gave the chain paper ( Deed between my father and grand father ) to a moneylender on 23rd apr 2010 for some loan.. and he has signed a agreement and gave 4 blank cheques to that money lender as well.
Now i want to know what can be done in this case as financially we cant support him and the debt is abt 35-36 lac.
What is the maximum punishment which he has to face under civil or criminal law?
Anonymous
11 January 2011 at 12:19
y'day Hon. homeminister of MAHARASHTRA ask CBI to probe into the matter of MALEGAON BOMB BLAST case in 2006 (in which chargsheet already submitted in court)after confession of SWAMI ASEEMANAND.
IS thr such provision in constitution of law????
wt r sections n article?
pl
thnx
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theft & criminal breach of trust, together
Hi all,
i want to file private complaint, short story is my ex-wife who denied my religious divorce and continued her conjugal rights case against me and recently she agreed got remaaried before the civil court of her conjugal rights case. and there after taken away all belonging of the house which is in her psossession after injuction order on it, not to sold flat n dispossess her. i due to criminal fear n 498a,406 case upon me i keep away in entering to my said flat. my belongings are resting there, now after agreeing her remaaried she taken away all of belongings from the said flat with help of three-four peoples. including my belongings also.
Now i want to file case of theft i.e. IPC 379,406, 120B & 34 for my belongings taken away. as she has not mentioned / declared in any of the court about her belongings nor i have made. as after divorce this criminal breach of trust be attracted. till 1 week before this acts she was claiming as my legal wedded wife and after admitting that she got remarried to some one else, she took all belongings of flat. without my consent.
kindly advise me in this regards that IPC 406 (crimninal brach of trust ) be made out or only IPC 379 will be work or IPC 379,406,120b are attracted in this case.