Y Singh N Rajput
11 April 2010 at 07:09
Party filed a case u/s 138 alleging cheque bounce, purportedly issued for payment of part interest of the principal amount. Plaintiff says that the principal amount was extended as secured loan against property. The palintiff's prime occupation was service in a state government department. He had no licence for money lending. This appears to be a an isolated case on record of money lending. On cross examination the plaintiff agreed that he had no capacity to tender the large amount. He says that his acount was operated by a third party who conducted transactions. Allied facts include -1. The mortgage deed was unregistered. -2. The details of cheques in the mortgage deed and banker's certificate also differ.-3. No civil /cr case filed for recovery of the pricipal amount.
Please comment about (a) whether the plaintiff can be regarded as a money lender? (b) what are chances of plaintiff winning this case?
Ladhu Ram Chowdhary
10 April 2010 at 22:18
2. The degrees of Criminal intent and resultant Criminal liability are directly proportionate to each other, therefore, a person who causes death by rash or negligent act can be punished for imprisonment up to only two years whereas, the person who knowingly or intentionally commit it can be imprisoned for ten years / life term and even can be hanged. To the contra, a convict u/s. 304-A I.P.C. seldom gets benefit of probation whereas a similarly situated culprit of Section 304 part II I.P.C. may get it. Examine the justification behind it ?
Ladhu Ram Chowdhary
10 April 2010 at 22:17
1. Whether there is any conceptual conflict between “Benefit of Probation” & “The plea Bargain” and how it can be reconciled ?
Anonymous
10 April 2010 at 20:06
DEAR ALL
I have three queries related with dishonour cheque
A builder gave me a cheque for Rs.194149/-dated 31st January 10. He requested me not to present in the bank for clearing till 31st March 10 as he has some funds problems. After 31st March 10 he made several promises to pay my payment by 10th April 10. Now again he is saying me to wait for 30th April 10 & promises to give me pay order on 30th APRIL 10.
My queries are
(1) I have presented cheque in bank which returned back with remark `Insufficent Fund` on 3rd April 10. Can I present the same cheque again in the bank if he does`nt pay my payment by 30th April 10.
( I have not sent any notice in writing to Builder)
(2) What is the actual validity of a cheque ? The issued cheque is of STANDARD CHARTERED BANK. I have listened that some cheques are valid for 3 months also.
Is there any identification mark on cheques which are valid for 3 months.
(3) Can I file FIR in police or EOW alongwith sending him notice for dishonouring of cheque in future if he does`nt give me payment?
(4) After dishonour of cheque, Upto what time period a notice can be sent to builder ?
Anonymous
10 April 2010 at 17:57
Please go through the attached file and give your valuable advise
Chandrashekhar
10 April 2010 at 14:17
There are two different proceedings between the same parties, one under the Protection of Women from Domestic Violence Act and other u/s. 498-A of IPC, Query is whether a case under the Protection of Women from Domestic Violence Act, 2005 can be stayed for want of trial u/s. 498-A of IPC? Is there any such judgment of the Hon'ble Supreme Court?
Anant
10 April 2010 at 13:08
1. In Mumbai, what is the time taken by a magistrate in deciding on a cheque dishonour case?
2. After decision of the magistrate, which court needs to be approached for appeal?
Chetan
10 April 2010 at 08:39
I am cousel oof accused contesting 138 case
The complainant provide a set of document to me in which the notice (send by complainannt) is differ than the notice attached to the record of court...
charges are framed
the matter is pending for evidence but the chief is not filed since last 3 days.
whether i raise the objection ?
whether I filed dischrge application at this stage ?
pls guide if any with case laws
thanks
Dirgesh kumar sharma
09 April 2010 at 22:30
FIR u/s 489B and C
accused is Father A and son B
case history
A is work hendover to B
60000/-Rs take and go bank of baroda and save the amount three accound first a/c in 25,000/ Rs Second a/c 25,000/-Rs and third a/c in 35,000/-Rs his family member in a/c gujrat. B is active in this work and first a/c save, second a/c 35,000/- 70 note 500 rs and deposit slip give the bank cashier after counting 26 nos 500/- Rs note thear is non origenal not then ask cashier to B where is take this mony, B said truth give the mony his father, Bank manager Reporting police station and large FIR. plice Enquari start and A house in surching 8,50,000/- original note in 7 nos 500 note non original note Total 500 nos note 32 notes. police arrest A and B. and firs bail reject to A in ADJ court
Final Report is put-up against court by police
my Q is I apply second bail application only A for or both
any citetion in this bail metter pls help me.
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Is Simulatenous 340 CrPC Proceedings Possible
In a Civil Suit, The Registration Department made a false deposition on a Document containing no link documents and making it valid in a court of law. The decree went into the favour of the Plaintiff
Later the defendante in this case contested the important exhibit related to this suit in the High Court thru Writ Petition. To escape the situation the Registration Department failed to contest this Writ Petition.
The Order by the Hon'ble high court was given infavour of the Petitioner/ Defendant (in Civil Suit) and against the Registration Department.
Since there is a purgery in both the courts by Registration Department. Can two 340 CrPC proceedings be intiatied against the Registration Department in the High Court and trial Court simultaneously??
Please advise.