Anonymous
10 July 2010 at 20:46
Resp. all experts lawyers
A very confusing situation has arised in my case when I went to file the after expiry of notice period in the court. The hon`ble magistrate refused to file the case on the ground that payer has his office & bank at DELHI so case will be filed at DELHI.
In my case , I paid Rs. 2.00 lac to bulder from my FARIDABAD ACCOUNT & CHEQUE given to me was also bounced at my bank at FARIDABAD. I sent demand notice to builder from my FARIDABAD residence through lawyer.
Hon`ble magistrate is using the decision of some case of 2001 which was given in the favour of accused on the basis of fling wrong jurisdiction of applicant which was same as in my case.
I went to my builder and taken new cheque but now, I am very much confused regarding place of filing court in future. The cheque is in the name of MY WIFE & she cannot go DELHI on dates for facing the case.
PLEASE ADVICE ME WITH FULL RULING OF SUPREME COURT REGARDIND APPROPIRATE JURISDICTION FOR FILING CASE u/s 138 INA.
With high regards
S.D. Singh
10 July 2010 at 19:55
Facts : Govt. authority came to know about its forged certificate. He issued notice to user/ beneficiary of such notice such user informed the Deptt. that the forged certificate was provided to him by his acctt. He also informed that original certificate has been destroyed by the acctt. But the Govt. deptt. filed FIR u/s 420/467/468/471 against the user and accountant. After that user also filed FIR against his acctt. i his city. In the FIR of user FR was filed by police and same was accepted by the Hon,ble court. But later on the Govt. FIR charge sheet was filed against accountant only.
Please advice what remedies are now available to acctt. from charge sheet of Govt. FIR when in one FIR he was discharged by the court.
adv. rajeev ( rajoo )
10 July 2010 at 16:53
In my opinion Exceeds Arrangements does not amounts to an offense u/s 138 of NI Act, when there is a over draft facility and OD limit is exceeded.
dipankar
10 July 2010 at 13:43
Can you please elaborate section 389 ipc.
How is it different from 387 IPC.
I am unable to understand the elaboration given below:
Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence punished with death or with 1[imprisonment for life], or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine; and, if the offence be punished under section 377 of this Code, may be punished with 1[imprisonment for life].
dipankar
10 July 2010 at 13:39
Which one is the most dangerous IPC:383,385,387,389,452,458,354.among these sections as regards to taking bail from court and keeping other parameters in mind.
Anonymous
10 July 2010 at 10:45
Given in this situation
1) Complainant filed 498a in a PS
2) Respondant obtained AB in HC, AP.
3) Accused #1 to appear in PS every week
4) No mention by court how many weeks?
Is there not any liability to PS to report to court about the case by chargesheet?
If yes In how much time normally the PS can take from FIR to Chargesheet?
Few weeks or months or years? For sure PS cant hold for years together! right?
If they hold on, whats the way out?
Experts Please give vaulable suggestion.
Anonymous
10 July 2010 at 09:40
Experts please answer for 498a in AP.
are there guidelines or law to police ,
In how much time the PS can take from FIR to Chargesheet?
Is there any time out say 2,3 weeks or ?
Anonymous
10 July 2010 at 08:41
HELLO ALL LEARNED EXPERTS
MY CLIENT DEPOSITED THE CHEQUE IN THE ACCOUNT OF THE ACCUSED THE SAID CHEQUE RETURNED WITH THE REMZRKS ACCOUNT CLOSED THEN MY CLIENT TRY TO MEET HIM BUT ACCUSED CLOSED THE BUSINESS AND LEFT HIS HOUSE WHAT SHOULD DO FOR THE ISSSUING THE NOTICE BECASE WITHOUT NOTICE HOW THE CASE WILL BE LODGED AND IF WE WAIT FOR RETURN OF HIM THE TIME LIMET OF THE CHEEQE WILL BE FINISHEE PLS SUGGEST
Anonymous
09 July 2010 at 20:34
What is the difference between the complaint filing between 156 and 200?
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cheating
R/Experts,
The builder agreed to sale one shop and received earnest money, but later he sold this shop to another person.In this situation now which step should I take?Can I lodge complaint against builder under section 420 of I.P.C.?