Anonymous
02 August 2018 at 00:02
My problem is that I was out of country from 1995-2006. And my cheque books were with my parents at my parental house. These were signed cheque books.when I came back to india my parents gave these cheque books to me. My brothers used to leave with me at my house. Once I was out of india and I was told telephonically that my cheque books are missing. I asked my brother to lodge a complaint regarding this but I was told that it�s already been done.then suddenly in 2018 I received a msg from the bank that one of my cheque is being dishonour of a huge amt. I was shocked to see that. After some time I got the legal notice also u/s 138 NIA.now how to prevent. Plz advice
practicing advocate
01 August 2018 at 11:13
Respected Learned Counsel,
One client came across to me and told me that police was refusing to register FIR as the opponent is residing outside the state and the incident took that place only then after approaching higher authority i had suggested to register zero FIR and that was transferred to that particular state and after completing all the procedure of recording statements of my client still the accused was not arrested then i told my client to approach women rights commission of that state and they have ensured my client that they will get her work done now my question is that being a lawyer how i can get this work done so that the accused get arrested.please suggest me with your valuable advice.
practicing advocate
31 July 2018 at 23:06
Respected Learned Counsel,
Recently i came across with one matter pertaining to domestic violence which was disposed in the year 2017 and due to negligence of previous advocate maintenance is pending for the last one year.I took up the case and in my last appearance before the court i was moved an application for attachment of property of the opponent despite the application of arrest warrant was moved by the previous advocate but i was surprised that for the last one year that arrest warrant has not been executed by the police I told the magistrate that the opponent is making a mockery of the criminal justice then the magistrate with the stringent direction allowed the previous application of arrest warrant.Now my query is that how on the next date if the same scenario will be repeated how should i will take an action against the police and the magistrate because in this particular case the magistrate is also responsible for not delivering the justice.As it is a court order then how the justice will prevail in the society.Please suggest me with your valuable advice to get quick recovery of maintenance and action against the police and the magistrate also.Because i have the copy of the judgement where the high court has ordered complainant can't be made to run after cops to ensure arrest warrants are executed.
practicing advocate
31 July 2018 at 23:03
Respected Learned Counsel,
Recently i came across with one matter pertaining to domestic violence which was disposed in the year 2017 and due to negligence of previous advocate maintenance is pending for the last one year.I took up the case and in my last appearance before the court i was moved an application for attachment of property of the opponent despite the application of arrest warrant was moved by the previous advocate but i was surprised that for the last one year that arrest warrant has not been executed by the police I told the magistrate that the opponent is making a mockery of the criminal justice then the magistrate with the stringent direction allowed the previous application of arrest warrant.Now my query is that how on the next date if the same scenario will be repeated how should i will take an action against the police and the magistrate because in this particular case the magistrate is also responsible for not delivering the justice.As it is a court order then how the justice will prevail in the society.Please suggest me with your valuable advice to get quick recovery of maintenance and action against the police and the magistrate also.Because i have the copy of the judgement where the high court has ordered complainant can't be made to run after cops to ensure arrest warrants are executed.
Athi Vishal HD
31 July 2018 at 19:56
Respected Sir, My wife involved in some un lawful activiities(to obtain false Certificates like Income certificate, Physically Handicap certificte etc) colluding with her parents, I am being an Govt. Servant immediately started questioning about her illegal acts, she tried to commit suicide by hanging herself.
I immediately with the help of neighbours broke open the door and rescued my wife and admitted her to Hospital. I borne all the expenses to the tune of Rs.5 lakhs. But hiding all these facts my in-laws filed a complaint in Police Station and the case is filed u/s 498(A)
All these happens in 2013. I have also filed complaint against my wife and in laws abt their illegal activities with solid documents to prove my innocence. But police failed to register fir even it is cognisable. I frequently gave reminders to police. But in April 2018, I have received an endorsement from police wherein it mentions that my complaint/documents has crossed the limitations of above 3 years . Hence as per law it is not possible to register fir . But i gave complaint within a time limit. It's their fault . I also wrote to all superior officers but they also upheld the decision of Police Inspector.
Pl suggest me
Anonymous
31 July 2018 at 17:11
I have funded (in online transition) some amount for a company and got back the cheque (total amount +interest) in that same company name. The cheque was bounced because of insufficient money. I have sent the legal notice regarding this to pay me with in 15 days. Its been 20 days As i'm waiting for the acknowledgment, I came to know that company was closed and there is no one to receive the legal notice.
Is this case can be considerable as the company not functioning and owner of the company escaped? Is there any possible to get 138 warrant ?
finpro consultants
31 July 2018 at 14:01
My querry is related newly inserted section 143A to the Negotiable Instruments Act- Power to direct interim compensation :- Does this new provision apply now to all pending Cases u/s 138 and do I have to make formal application to the concerned Megistrate to Order Compensation.
Aravind Kumar Vikram S
31 July 2018 at 11:36
I have been caught by police for driving without license for more than 5 times in my district coimbatore ..i had settled all the fine amounts then and there with the police .. will there be any consequences like i cannot go to a UPSC jobs ?? Please answer as I wanted to know whether I am in trouble or not ? Will that account to a criminal record on me ?? Please need some help urgently on this matter ..waiting for a fast response.
priyanka
31 July 2018 at 10:16
Sir, I got court notice u/s 119/177, 187,184 under MV Act. What should I do? Bail required in this case.
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False case of ipc 376
One of my partner had love affair with me and we had intercourse multiple time during our one year of relationship. After 7 months of our breakup, she lodge FIR by saying I forced her for physical relation and then promise her to merry. She also accused that I had texted one of her friend asking for physical relation and her friend too gave statement in police station at the time of FIR.
Now how to prove that all claims are false as I never forced her for physical relation. She and her parents too were knowing that I am married.
Kindly help with the guidance.
Thank you.