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sanjay Upadhyay   10 September 2010 at 15:06

145 of N.I Act

whether fresh examination in cheif can be filed by the complainat after cross is over on the same points which he has been already cross examined . But not in reexamination

Anonymous   10 September 2010 at 11:33

Can NI act 138 applicable when service is not rendered?

Hi,

My vendor promised me a service to be rendered within few months, so I gave him a post dated cheque. Despite several reminders and even after the promised time, he never bothered to render the service. So I issued a 'Stop Payment' for that cheque. My vendor deposited the cheque twice, both times my bank declined to credit it saying 'payment stopped'. Now my vendor has filed a case against me under NI Act 138.

Is this act applicable even when he has not rendered the service? Is there any reference to existing cases of this nature?

Thanks in advance for everyone.

Anonymous   10 September 2010 at 10:14

written arguements

I want to know the model of filing of written arguements in criminal petitions i.e discharge petitions matter is very urgent i will ever thankfull to the experts if the model is provided

Anonymous   10 September 2010 at 04:20

Revision Appeal reply in writing

Background: as accused in 138 case some material facts were not brought forth by my advocate. So I filed for recall of complainant for cross-examination. The application was allowed. The complainant filed a revision appeal. I have to file a written say to the revision. Please advise a format of the written say and relevant law points that should be covered in the written say. Thanks.

Member (Account Deleted)   09 September 2010 at 22:32

sec.41 of cr.p.c

hi experts,
i have a query,hope u will give ur precious time to it,thnx!!
As u know that section 41 of cr.p.c. confers the power to police that police may arrest a person without warrant or without an order from a magistrate..so here i wanna know that is there any provision in law by which a layman may challenge this power. .i asked this coz oftenly this section has been misused by some policemen...
thanx n regards,

Anonymous   09 September 2010 at 22:30

TIME LIMITATION

CHEQUE DISHONORED-05-01-2001
NOTICE SEND ON - 13-01-2001
SUIT FILED ON - 15-03-2001
IS THE TIME LIMIT TO FILE A CASE UNDER SECTION 138 N.I.ACT LAPSED? ACCUSED COUNSEL DON'T RAISES THIS POINT AND ACCUSED WAS CONVICTED BY LOWER COURT IN 2008. NOW THE APPEAL IS IN SESSION COURT. WHETHER THE CASE CAN BE QUASHED U/S 482 IN HIGH COURT AT THIS STAGE ?

Chetan   09 September 2010 at 21:48

138 Discharge Application

Whether a discharge application can be filed in 138 cases ?

If yes provide provision ?

Soma   09 September 2010 at 19:25

Citation of 125 CrPC

In a 125 CrPC case the wife failed to prove factum of marriage.Wife claimed that marriage was solemnised at a temple. On this ground her claim for maintenance was rejected.
Wife now filed Revision before High Court, Calcutta praying to set-aside the order to the Ld Magistrate.

To defend I need citation of decided cases in which it was decided that,
"where factum of marriage and cohabitation is denied by the husband, the wife must prove the marriage"
" the evidence of priest is required in such cases where alleged marriage is claimed to be solemnised at temple"
Or any other citation to defend to husband.
Seniors please help..

shantilal k. patel   09 September 2010 at 18:55

F.I.R

Dear friends,

What is F.I.R.

Why it is lodged?

s.k.patel

Anonymous   09 September 2010 at 16:09

fir

52 yearsold lady was beaten up by her male neighbour due to rreason she could not move up to the nearest police station .when the daughter in law of the old lady went to the police station the police oficer refused to lodge FIR ..saying that the old lady must be brought to police station for injury verification or either produce medical report of injury. so my question is is it necessary to bring the victim or produce medical report while lodging FIR if the matter is related to physical injury. please suggest