Anonymous
16 July 2010 at 00:43
Gentlemen, is there any ruling of Supreme court that complainant can not file a single case of more then 3 cheques..???actually accused has got 68 cheques bounced 20 cheques on 1 single date 13 cheques on 2nd single date 35 cheques on 3rd single date. accordingly i have filed 3 cases in the court.
in all the cases summons were issued bw was issued then nbw was issued and finally accused got the bail.
while discussion accused's lawyers mentioned the point which is the basis of my question. plz give me expert advice n if possible the latest verdicts os supreme court in cheque bouncing cases
Shree.
15 July 2010 at 22:10
Dear All,
I urgently need advice and judgements regarding the below matter:
Date of cheque presented and got dishonoured: 27.10.2003
cheque dishonoured recieved from Accused Bank: 29.10.2003
But Intimation of Return memo recieved from the complianant only on : 7.11.2003 ( Due to illness of Complianant)
Legal Notice send by Complainant's Advocate to the Accused on; 29/11/2003
Accused Acknowledged the Notice on :31/11/2003
Then Compliant filed u/s 138 & 142 to Magistrate on :10.2.2004(Filing along with condone delay of 27 days and the Magistrate condoned delay in filing taken cognizance of the Compliant)
1.Is there any Judgements regarding Legal Notice to be sent only after recieving return intimation memo from the Bank and then only Limitation period starts?Any High court or Apex court judgement regardng this issue?
2.After filing condone delay petition along with the Main Compliant,Magistrate taken cognisance,then the Accused cannot question at the time of Arguments stage ,after evidences over?
Citations Required?
Anonymous
15 July 2010 at 20:50
HAI SIR GOOD EVENING ,
THIS ISN KUMAR SWAMY MY MOTHER MET AN ACCIDENT ACROSS THE ROAD BY MOTER CYCLE PERSON ON THE MAIN ROAD.SHE FACED LOT OF DAMAGES IN HER'S BODY AND BROKEN HER RIGHT LEG AT TWO PLACES ALSO. THAN AFTER. I WENT TO THE POLICE STATION AND PUT A COMPLAINT ON THE ACCUSE, BUT THE POLICE'S PUT A CASE US 337.BUT DOCTORS SAID TO ME. SHE IS IN VERY HARRABLE SITUATION. NOW IAM NOT BELIVE THE POLICE. WHAT CAN I DO. AND WHICH SECTION IS THE STRONG ON THIS SITUATION.
THANKING YOU SIR
CH. KUMAR SWAMY MBA,{LLB}
Anonymous
15 July 2010 at 18:32
A case of cheque bouncing worth Rs.one lakh is being fought. The petitioner says that the cheque was given under a friendly loan,loan was not returned, so cheque was presented and got bounced hence 138 is applicable.
The opponent advocate knowingly or unknowingly never raised the question that whether the petitioner is a money lender and possess a valid license of money lending,he never appealed to the court to get the age of writing checked of signature and date and amount etc.He never appealed that there is a ruling of Bombay High court that cases of Post dated cheques of loans do not fall in 138.
Ultimately petitioner won the case.
Now it is almost impossible that the judge did not know all these questions/appeals which should have been raised by the respondent's advocate but which were never raised.
My query --is this justice that judge does not interfere knowing that a case is being lost just because of mistakes of an advocate
Can't in the end judge himself raise/suggests the questions/appeals left by both the parties ?
And if he does not do that,is this justice?
Anonymous
15 July 2010 at 17:15
In a revision application can two orders be challenged if the orders are connected to the same matter
O. Mahalakshmi
15 July 2010 at 15:46
Learned Experts,
Can anybody kindly forward the 357-A Cr.P.C amended act 2009 which was published in official gazette with provisions.
Anonymous
15 July 2010 at 11:12
hi there...
kindly help me..
I am having a matrimonial dispute with my wife and my in-laws.
As a matter of fact, My in-laws have posted some misleading, projected, false, frivolous and obscene information on internet and on various websites, against me & my parents and relatives without my permission with intention to make others to believe that all the material/ information which these accused have posted are right & true and also to harm the reputation and morale of me.
It amount to defame and degrading the reputation for me, as well as the family’s reputation in the society. It may form a part of like substantiating the fact of mental cruelty against me and my parents.
For this, I have given one complaint at CYBER CRIME CELL, EOW, CRIME BRANCH, QUTAB INST. AREA, DELHI (Diary #D3945, complaint # 418/10, IO Sh. Vijay Gahlawat). No investigation has been done by the said IO Sh. Vijay Gahlawat.
Then,the complaint was marked to ACP(gokul puri) for further actions.
No investigation has been done by the said IO i.e Insp. Ramesh Kr.(PS Bhajan pura) and ACP(gokul puri) and the complaint is been filed and closed.
Since it is a congnizable offence, as the concerned police offcials should register the FIR immediately after receving the complaint, but no actions have been taken till date.
What should I do, so that they are bound to register the FIR against my in-laws.
Anonymous
15 July 2010 at 08:47
Hi there,
Please let me know the procedure of withdrawing the DV case in detail? Court has issues the summons thrice,but the opposite party did not turn up till now?And they got stay order,all my energy got exhausted in figting against them? I had Domestic violence and now what i am facing is court violence. I know no court fights against injustice,instead it all depends on the lawyers,how well they argue to conceal the truth?Better i will withdraw the case and start a happy living. Waste thinking about the past and wasting my future for all the sake of marriage.Its just a part of life and let me leave it here.I am desperate now and already my hubby deserted me and fled to US,so no point in fighting against him,rather being silent.They will repent in their life one or the other day.
Please let me know what is the best way to withdraw the case and what should i mention in the application? Or should my lawyer say this in the court? Please advice.
thanks in advance.
Anonymous
15 July 2010 at 07:18
when there is no legal evidence i.e no prima facie as per prosecution admition regarding that they have not recovered any illegali.e when thereis no recovery of any illegal items arrested on the the basis of confession of an co-accused can the accused be discharged what are the supreme court judgements
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Legal value of documents signed properly without any witness
I have got some documents signed properly by a customer/defaulter of mine(For sure these documents need not be registered)but there is no witness on these documents,I am confused that would my case be maintainable in court of law or not ?
Please help.