ESTHERPRIYA
05 May 2010 at 14:27
Dear Members
One of my client obtained loan from bank and failed to pay the EMI. Now bank filed complaint in Calcutta. The client is in Chennai. We have issued advocate notice to the bank to file case in chennai but to harass the client filed it in calcutta. The 138 notice and cheque presented is in calcuatta. Can i be permitted under law to transfer the case from calcutta to Chennai? what is the procedure and grounds to get a favourable idea? and any judgment with respect to this case?
ashish agarwal
05 May 2010 at 12:25
Respected Sir,
i run an advertising agency. last year from april to november i released almost 19-20 advertisements of my client (pvt ltd company) in various newspapers. against which i took 95 days credit cheques against each advertisements.Client continuously asked me in written and verbally not to deposit the cheques and gave me excuses that they have not got required response from the ads and they are short of money now etc. As a client we gave them some time but one day they emailed us and said to deposit the cheques for some amount out of the total amount on after 20 days and also said that if possibble they might clear some more amount against the due cheques but the thing was that they additionally said that if they will not be able to fulfill their commitment then they will pay us 18 percent intrest. initially i agreed and confirmed them to do that. but on the very nexy day they verbally said to us they their email is no commitment and it is just sent to us for our satisfaction then i immediately emailed them confirming that i have lot of pressure from newspapers to whom i have to make the payment and i can not stop your cheques and additionally wrote that as per our discussion i am going to deposit the cheques so make sure that there is enough balance in your account. Here one point is very important that as asked by the client, i deposited some of the cheques on the date on which client wanted us to deposit but unfoetunately apart from one cheques, all the cheques were bounced due to insufficient of funds. after the bouncing of cheques worth rs. 1.60 crores i gave my client a notices for which they did not care to answer then the we filed 7 cases of cheques bouncing under 138 n.i act in hon'ble court. Time passed by and court issued 2 summons 1 bw and 1 nbw to M.D of the company who's signature was there on the cheques. On the next day of the date of NBW client silently appered in the court but fortunately we got the information and we also appered in the court. Well now client has got the bail but in their bail application they have said that the client issued the cheques as security but we deposited the cheques and filed the case against them so 138 n.i act can not be forced against them. Next date of case is 18 th april,10. Sir we and client both know what the facts are but client is trying to twist the case. we have got work orders of the client/ emails of the client requesting us to delay the cheques and giving us excuses and no where term Security cheques has come but only term PDC is used by us and they have accordingly answered us.
My question is what should be my strategy now in this case as client is trying to be smart with us and trying to proove the bounced cheques as security cheques and furthe delay the proceedings and get out of the 138 n.i act? What should be my prepration/ points on the next date..also let me know what are security cheques and why they are trying to proove the pdc's as security cheques?
Sir, to proove my claim i have got correspondence between me and the client through emails where time to time client is requesting me to hold the cheques or telling me when to present the cheques. otherwise also in my emails i have always used the term pdc (post dated cheques) and accordingly client has replied.
apart from it client also wrote a signed letter to me which he sent through attachment of email in which he gave me details of the cheques with their respective dates and amount and gave me fresh deposition dates...moreover they issued me pdc's against each ad and for the exact cost of the ad (example : ch.3838383 dt 12.12.12 for rs. 123456.00) in many of their work orders also they have wrote a language '' payment of this advertisment is being done by chno. 112222 dt.12.12.12 for 123456.00 (cheque date used to be of after 95 days like their other cheques).
SO WHAT TO SAY EXPERTS....?
M Ravinder Babu Advocate Parka
04 May 2010 at 21:57
Is now any requirment of any existence of law for the magistrates who wantanly harrashes the advocates on one or other cause by returning the cases unnecessarily ,by posting the cases to other days without valid reason,keeping bias.keeping the petitions live without disposing of the cases, giving desisions without applying judicious mind.putting some notions and rest their decissions openions tillthen etc.
manoj r. dubey
04 May 2010 at 20:01
i have query weather a FIR copy is required at the time of filing a case in MACT tribunal. i have only got inquest panchnama and no FIR copy. whether there is any limitation in filing a case in MACT. reply soon
anshul sangal
04 May 2010 at 18:36
Sir my question is what are the stages in criminal trial from FIR till judgement?
Anonymous
04 May 2010 at 17:27
I booked few plots in different projects (Haryana/Rajasthan) of a builder and paid a part of the price as advance.
None of the project/plot was delivered. In some cases, the land was not sanctioned and hence builder could not delive the plots.
After much discussions, builder issued the cheques but they bounced. This happened about a year ago.
Since then I have been trying to get new cheques, basiccaly my money, but builder has not given anything yet.
* Can I still file complaint/case against the builder in consumer and/or criminal court against cheque bounce (that happened about a year ago)?
* Can I combine all plots/projects in the same court case? Builder is the same in all cases.
* Should I file the case in Consumer court or Criminal court or both? According to my understanding, consumer court is faster than criminal court but builder may feel less pressure in a consumer court, and there may be no arrest in the consumer court case.
Girish Kumar Ojha
04 May 2010 at 15:37
Travel Agent association vrs. eastman Travel & anr.
Anonymous
04 May 2010 at 15:36
138 Compliant present court before cause of action arise ( that after given notice file in 10 days ) .
on present compliant court given next date for 200 crpc Evidence and cognizance after Three month.
On given cognizance’s court made objection for on the point of pre present before cause of action ( compliant present after 10 days form Notice Date).
Now court given next date for cognizance argument.
Please advise me Higher court on point of that “ court may given cognizance after cause of action and pre machour present desion on merit. “
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complaint
An illiterate person want to send a written complaint from Kolkata to the competent authority at Delhi against a public servant through Fax. But the said complainant is unable to read & write any language other than his mother language (Bengali), so how he can make the written complaint ? What is law say ? Whether Fax complaint is admissible under the law. How the complainant be sure that his complaint has been acknowledged as well as registered with the said competent authority.
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