Anonymous
22 April 2010 at 19:33
Dear Experts,On the Website of High Court, I found a case against me as SR No. CRLRCSR XXXX what does the abbreviation SR No. CRLRCSR means please explain.
srikanth kumar bandari
22 April 2010 at 19:32
hi legal experts this is srikanth bandari i got a case u/s 138 NI act where notice was issued by complainant but the same was not served on the accused. the case facts are, my client obtained a loan to the tune of Rs 1,25,000/- from a finance company and at the time of obtaining loan my client issued some blank, signed, undated and unfilled cheques in favor of finance company in the year 2006 and later he committed defaulted and subsquently the finance company filled up the dates, and filled the blank columns without the consent of my client and got bounced the cheque and filed the case under 138 of NI ACT. now my doubts are.
1) whether criminal complaint u/s 138 is maintainable in absence of proof of service of legal notice on the part of alleged accused?
2)Whether the cheques issued at the time of obtaining loan can be construed as legal enforcebility u/s 139 of NI ACT?
3)Whether the complaint is maintainable in view of material alteration made by the complainant/finance company without consent of the alleged accused?
4)The onus/burden to prove that legal notice is served or not served lies upon whom, whether on complainant or on the accused?
5)please provide citations/authorities where complaint is not maintainable in absence of proof of service of legal notice u/s 139(b), and material alteration done on the cheque which was in the custody of the complainant.
harish
22 April 2010 at 17:57
Dear sir,
my mentinence of rs 7500/- (5000+2500/-)towards wife and minor child was decided as ex-party on 18.2.2009. then after i filed a appeal under revision in seson court. stay on this amount was not allowed by court. wife was also filed 125 (3) for recovry of said amount. then i had to give full amount to my wife. Now, on 13.4 2010 the rvision has allowed in my favour with intrim mentinence 2000/- to wife and 1000/- towards child, till final decesion.
Till date i have paid excess amount towards wife.
my question is that wheather excess amount about Rs.58,500/- that was paid to wife, will be returned by wife to me. if yes then how can i take this excess amont.
pl. sadvice me.
Thanking u...
Nidhi vora
22 April 2010 at 15:25
Cse file under IPC 306 against sis,brother,father and brother ,because of house is in the name of sis.and made on the name of her husband by sis.,hus.committed sucide by consuming poision.police file case against sis.brother,father under IPC 306 ,got bail case is court since last 3 years.
Recently elder brother of sis.inlaws had met and requested that by mistakely and in tension i have filed FIR and case against you.he met parents to get the house in his custody becz.after sucide of her husband ,her brother in law is trying to get that house which is made on her name by her husband.
Her Brother in law requested to comprise and said i will give you 2 lakh rs.for sis.and give that house on back to him.
case is court,please suggest what to do?
Dineshsingh.
Anonymous
22 April 2010 at 14:12
Respected Experts,
“A” has given an un-dated Cheque along with an agreement on dt. 31-12-2007 for a sum of Rs.3 Lakhs and the same is mentioned in the said agreement. Since he is not in a position to pay the entire amount of Rs.3 Lakhs, subsequently he approached and requested to pay the same in monthly instilments and that he has given 10 cheques @ 30,000/- each. Accordingly he honoured only one Cheque in Feb,2010 and failed to pay the next instilments. Now I want to present the above Rs.3 Lakhs Cheque. And thus I want to clarify that:-
1. Actually there was no date on the above Cheque, which was received 3 years back. Is it legally valid, if I put today’s date.
.
2. Now I have to claim only Rs.2.7 Lakhs as I have already received Rs.30,000/-. So shall I deposit 3 Lakhs Cheque now?
3. In case of its return, shall I issue a legal notice claiming only Rs.2.7 lakhs even though, the Cheque is Rs.3 Lakhs.
4. How the proforma of Legal Notice woud be.
Plz. Clarify.
Anonymous
22 April 2010 at 12:00
Respected Expert’s,
A Pravite finance Company finance Two Wheller to Individual person.
On Complite formalites finance company staff negalgancy in result not singed the borrower on agreement and not hypothecation on Registration certificate but borrower also given cheaque regarding payment.
On defultar company cheeking agreement & request to borrower to singed Hympthecation agreement but he not ready to singed.
What relif in Criminal law if not then what relif in civil law.
Warm Regard’s
Anonymous
21 April 2010 at 22:30
Im a doctor from well educated family . My Family has been arrested with allegation put By My MAMI (My Mothers Bhabhi).she told tht her husband,father in law (70 years) ,mother in law (60) & 3 sister in law (who are married)all of this were asking mony with her & given poison. its been 17 years to marriage of my mami even her eldest son (14)is also with her.
FIR has been filed with IPC 498 & 307 for all six. & they are in jail custody since 15/04/10 pease help me
ABHISHEK
21 April 2010 at 20:30
I had taken personal loan of Rs.5 lacs in the year of 2007.
I paid 30 EMI'S till date with out any delay out of 48 EMI'S till date.
For the last 5 months I was not in the position to pay any EMI.
The bank had 5 cheques which was provided by me as security cheques.
Out of those cheques the bank had presented one of the cheque which was returned & filed a case against me in the court u/s 138,NI ACT.
Could any one guide me ,how to ask the court to quash the case..!!
Anonymous
21 April 2010 at 14:33
The complainant has failed to produce documents as filed in the complaint/affidavit after two representation on advocate to advocate basis and two witten application submitted in court during cross examination. Is there any specific forms available for Mumbai Metropolitan Court so that if applied on same that may have a legal binding.
What is the legal action that can be initiated for the above act of the complainant.
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U/S 12 of The protection of women from Domestic Violence Act
complaint u/s 12 of The protection of women from domestic violence act be filed in simple application ,
without using proforma
i need a law that simple application is maintainable ,