Anonymous
07 April 2010 at 11:23
Complainant has mentioned in its complainant that payment was made against bill discounting facility but 4 representations have been made 2 on advocate to advocate basis and 2 in the presence of the Ld. Magistrate but the complainant has failed to produce the discounted bills, is their any remedy.
Can process be intiated u/s 91 of Cr.P.Code
Thanks
Arvind Singh Chauhan
07 April 2010 at 08:36
A files FIR 380 IPC in UP that his vehicle has been stolen by accused. Later on A reached to accused's home town UTTarakhand and lodges another FIR 411IPC. Accused has been arrested by Uttarakhand Police and sent to judicial cusrody in persuance of FIR lodged in Uttarakhand.
Sir ! Which court has jurisdiction to try the case. If accused seek bail from Uttarakhand whether UP police can arrest him again due to FIR lodged there?
T.Srinivas
06 April 2010 at 22:53
Respected experts,
one of my client wife filed dowry case u/s 498A, in the same case police have filed charge sheet against the my client, the court is not yet framed charges,the matter is posted for orders of the regular bail of my clients father and mother, now wife is compromised with my client and she is residing with my client since 2 months, she wants to withdraw the complaint, plese any one suggest me what is the procedure to withdraw the complaint filed by the wife?
suman
06 April 2010 at 21:31
Respected Learned Sirs pl clarify urgently.....
My tenant has been involved in certain frauds from my residence, which has come to light. I am facing problem and plan to see him evicted on the following grounds.
1. obtaining loans on fradulent names
2. false sworn statement on affidavit for registering office claiming that the rented portion is his own house.
3. offices with false and non existent addresses on the net.
Can I personally book a case with the police for the above.
Sir pl clarify.
Indebted to you Sir.
SUMAN.MCA
Y Singh N Rajput
06 April 2010 at 10:42
The basic feature of this matter is:
X files case u/s 138 against Y for cheque- bounce alleging that the bounced cheque were issued by Y as interest (Rs.1.5L) of the principal amount(Rs.25L).
On cross examination X says that the principal amount was routed by a third party Z though his account and X did not have any source to arrange principal amount. (X was in government service and did not have licence to lend).
I would like to know whether X would succeed in this case? A related judgment may please be cited.
M Ravinder Babu Advocate Parka
05 April 2010 at 21:21
CAN TWO DIFFERENT SECTION U/S 337 AND 338 CAN BE INSTUTED IN SINGLE CAUSE OF ACTIONSUSTAINED TO A SINGEL PERSON IN THE ACCIDENT
Anonymous
05 April 2010 at 21:10
Sir,
I would like to request you to please clarify my doubts on the following points:-
1. In an scooter accident case a person has been framed under IPC 279, 304-A despite the fact that he was not at fault. Can Section 304-A case comes under the category of please bargain as per new law, if so then please provide me the complete procedure ? Thanks
Member (Account Deleted)
05 April 2010 at 19:53
POLICE CUSTODY OF SAME ACCUSED IN SEVEN CRIMINAL CASES FILED IN SAME POLICE STATION.AND SEVEN STILL PENDING INVESTIGATION ACCUSED IN POLICE CUSTODY FOR MORE THAN 20 DAYS AND FURTHR CUSTODY PRAYED IN PENDING SEVEN CRIMINAL CASES.LEGAL,JUST AND PROPER ?
1.ACCUSED IS ARRESTED IN SEVEN CRIMINAL CASES UNDER SECTION 379 ,34 OF INDIAN PENAL CODE.
2.SAME POLICE STATION ARRESTED ACCUSED IN ONE CASE, THEN THE MOMENT ACCUSED WAS TAKEN IN MAGISTRATES CUSTODY ,POLICE MOVED TRANSFER APPLICATION IN ANOTHER PENDING CRIMINAL CASE IN SAME POLICE STATION.ACCUSED TRANSFERED TO JAIL AND AGAIN TAKEN IN TO CUSTODY BY POLICE IN THE MORNING AND DEMANDED POLICE CUSTODY OF ACCUSED IN SECOND CRIME AT SAME POLICE STATION.THE MOMENT ACCUSED WAS TAKEN IN TO MAGISTRATES CUSTODY .POLICE SUBMITED TRANSFER APPLICATION IN THIRD CRIME AT SAME POLICE STATION .
3 THIS PROCEDURE CONTINUED AND ACCUSED WAS TRANSFERED ALMOST SEVEN TIMES ONE AFTER ANOTHER IN SEVEN CRIMINAL CASES IN SAME POLICE STATION.
4.FURTHER POLICE ARE THREATENING ACCUSED AND HIS RELATIVES OF TRANSFERING THE SAME ACCUSED IN FURTHER SEVEN CASES.THE RELATIVES OF ACCUSED ARE HARASSED DUE TO ALMOST MORE THAN 20 DAYS POLICE CUSTODY OF SAME ACCUSED IN SEVEN CASES AND FURTHER REMAINING SEVEN CASES .
IT IS A FACT THAT ONCE ANY CRIMINAL COMPLAINT IS FILED UNDER ANY SECTION OF I.P.C. SAY 379 , THE DATA IS KEPT ON COMPUTER AND THE MOMENT ANY INNOCENT PERSON IS ARRESTED MERELY ON THE BASIS OF DOUBT THEN ALL SUCH PENDING CRIMINAL CASES ARE DUMPED ON THE HEAD OF SAID ACCUSED AND PENDING INVESTIGATION FILES ARE CLOSED BY SENDING THE NAME OF SAME ACCUSED IN ALL SUCH PENDING CRIMINAL CASES BY SENDING REMAND APPLICATIONS TO COURT AND SENDING CHARGE SHEETS ON THE BASIS OF DOUBT.
THIS IS THE WAY POLICE DEPT MISUSES THE LAW PROVISIONS AND NEED STRICT CONTROL BY JUDICIARY ,HUMAN RIGHTS ACTIVISTS AND LAW MAKERS PLEASE NOTE.
5.FOR REDUCING THE TENSION OF RELATIVES OF ACCUSED,I CONVINCED THE RELATIVES OF ACCUSED FOR LEGAL REMEDY AND NOW REMEDY OF APPROACHING DISTRICT AND SESSIONS COURT AND HIGH COURT IS SUGGESTED AND IS IN PROCESS.
I HAD EVEN EARLIER GOT ACQUITAL OF ONE ACCUSED IN ALMOST FIVE CASES UNDER SECTION 379 OF INDIAN PENAL CODE AS NOT A SINGLE CASE WAS PROVED.THE INNOCENT PERSON WAS LABLED AS ACCUSED AND WAS DUMPED IN JAIL FOR SEVERAL MONTHS AS POOR PERSON COULD NOT EVEN FURNISH SURETY FOR RELEASE ON BAIL.HENCE HIS TRIAL WAS EXPEDIATED AND I GOT HIM ACQUITED BY SINCERELY DEFENDING HIS CASE.
6 THIS IS FOR INFORMATION OF ALL LEGAL EXPERTS AND THE CONCERNED MEMBERS TO NOTE AND COMMENT PLEASE.
THE NEGLECTED INNOCENT PERSONS NEED URGENT ATTENTION OF LAW MAKERS AND JUDICIARY ,LEGAL EXPERTS AND ALL CONCERNED.PLEASE NOTE AND COMMENT IN THE INTEREST OF JUSTICE.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
SRINIVASA RAO ADDANKI
05 April 2010 at 19:12
SIR,
WHAT ARE THE FORMALITIES/PROCEDURE FOR WITH DRAW A CASE UNDER SECTION 138 UNDER NI ACT IN A COURT?
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Kindly advice what all can be done.
A is a Manager with a Life Insurance Company.
His bosses wanted to trap him in a case of malpractices, and to end his employment and also to blackmail him so that he does not sue the company legally.
The sale of Insurance Policies of the company has been low for almost one year in all branches for all Managers, and the bosses were exercising pressure to fetch business by any means or resign or face termination of service.
The insurance agent sources the policies from the clients and the client has to fill up and sign the proposal form, and has to provide self attested proofs of his identity, address, date of birth, photo, payment by cheque/DD/cash etc. The original documents of the client are to be seen by the agent or mangers of the company, and on the self attested photocopies they have to record that the originals are seen and verified by them.
First insurance agent, then A checks the file to ensure that all process of the company are followed, then the PA of Branch Manager and then the Operations staff of the company checks the file of the client, and the checking by Operations staff, in the branch is final, and if they find any lapse they send it back to sales staff i.e. Manager and agent, and when they find it OK, they send it to HO of company for the issue of Insurance company.
In one case A received one file back from Operations Staff with some objections to clear, and A finds that he has never submitted this file, and that his signatures ( his usual initials) are forged, agent's sign are forged and in fact this agent after getting licensed, immigrated to foreign country and never submitted any business, the photo- voter card- phone number-address-of the client is fake, the cheque of the customer is fake ( and later on enquiry from the bank it was found the cheque is of Dead Bank account owned by PA of the Branch Manager). A found that this was done to trap him and the handwriting on Proposal form, cheque, and other docs is of PA and BM.
One day before A was informed that he has been terminated.
A took away the file and later gave a copy of all docs in file to Zonal HR Head, Boss of BM, with verbal complaint. Nothing happened. Company has recorded the file has not come back from sales.
The issue is about 6 months old.