srihari
20 March 2010 at 15:15
Dear friends
I request you to please clarify the following:
A) A private limited company issued a cheque for Rs.10 lakhs. When the cheque was presented for clearing, Bank has returned the cheque with 'return memo'.
B) REASON FOR RETURN
Code No.
(01-09) FUNDS
01 Funds insufficient
02 Exceeds Arrangement
03 Effects not cleared:Present again
04 Refer to Drwaer
Note: Bank has marked no.03 for the reason for the return of cheque in the cheque return memo.
C) It is the outstation cheque and the validity period of the cheque was about to end, we could not represent the cheque and proceeded according to NI Act
D) We confirmed that, there is no amount in the bank account as on that date and so many other cheques were also bounced during that period of one month.
E) Now the accused is trying to defend that, since the cheque 'was requested to represent' it will not come under the provisions of NI Act
Can u please advice in the above matter. Please post me the judgements, if any are available in this regard.
Now this case is in hearing
Can we Share our views here?????
Anupama Mehta, 48, cannot forget the day her 17-year-old son left home to go to a friend's place two kilometres away. Rammed by a speeding motorbike, the boy, Vinod, lost his life for no fault of his and the biker went scot-free.
"I lost my son and no one can bring him back to me. The man who killed him and ran is walking free and we can't do anything. I pleaded with the authorities to take the necessary steps to ensure that no one else suffers a brutal and untimely death like my kid. Let him be the last victim," grieved Anupama, who lost her son just two weeks ago. "Vinod was to appear for the ongoing Class 12 board exams this year," she said. The family is still in shock.
If one goes by figures given by the Ministry of Road Transport and Highways, an average of 120,000 people are killed in road accidents in India annually. Three years back, India beat China as the country with the highest number of road accident deaths.
And now the country is mulling a new law - the National Road Safety and Traffic Management Bill.
Ritu Sukla, deputy director, ministry of road transport and highways, said, "The bill will recommend standards for construction and maintenance of national highways and safety standards for motor vehicles."
It will also identify black spots where accidents are more, address victim compensation issues and create state level road safety boards.
"Concrete steps would be taken for ensuring safer highways. The boards would establish centres for investigation of road crashes. The legislation also proposes to create a National Road Safety Fund by earmarking one percent of the cess collection from petrol and high speed diesel oil," Sukla added.
But traffic expert P.K. Sarkar, who also teaches at the School of Planning and Architecture, doesn't think the bill can curb the rising number of road accidents.
"The bill that will soon be tabled in Parliament will not help reduce road accidents as long as corruption prevails," Sarkar told IANS.
"The authorities must stop taking bribes for issuing licences and youngsters, especially, need to go through proper tests of their knowledge of traffic rules. It is alarming that around five road accidents occur in Delhi each day."
Many such accidents go either unreported or unregistered.
In recent cases reported here, those who fell prey to rash driving or drunken driving were mostly in their early 20s, pavement dwellers, pedestrians, other motorists and even cops, said Campaign Against Drunken Driving's (CADD) Prince Singhal.
Eight-year-old Deepak was sleeping on a pavement with his father Ali, a rickshaw puller, when a car ran over him. The boy suffered severe injuries.
As his family struggles to meet the costs of treatment, including an expensive brain surgery, they don't even know how and where to seek justice. "I almost lost my son this January when he came under the wheels of a car driven by a drunk man. It was a hit and run and we could not even identify the driver since the incident happened at night," Ali told IANS.
According to CADD, more often than not, victims' families belong to the lower social strata. Burdened with hefty hospital bills and delayed case judgments, most give up their fight for justice early on.
According to a 2009 report by the National Crime Records Bureau (NCRB), an alarming number of youths also die in Delhi's road accidents, most victims of reckless driving and callousness about safety like wearing helmets while driving two-wheelers.
Joint Commissioner of Police (Traffic) Satyendra Garg told IANS: "Around 13,000 challans (penalties) have been slapped for drunken driving in 2009. It is a reality that mostly youngsters are the victims of traffic violations in Delhi."
As per the 2009 statistics, traffic cops caught 212,000 people around Delhi for speeding and 617,000 for jumping traffic lights.
Sir,
Prosecution has moved application under Sec 311 that they wants to examine one witness, who is not listed in witness list , in charge sheet, but his statement is recorded by I.O. I need citation to against prosecution please refer if any.
Anonymous
20 March 2010 at 06:15
Respected seniors,
I have filed Criminal M.P petition for attachment of arrears of Rs 14,000/- against the respondent, who is employee in S.C.Co.Ltd, after knowing the same he was rezined to his job. The said petition is pending before J.F.C.M court, my query is what steps should be taken against the respondent?
G.S.ROYAL
19 March 2010 at 22:25
kindly specify the notification details of Sec 7 of criminal law ammendment Act. 1932 came into force into A.P.
Anonymous
19 March 2010 at 21:50
the N.A in case of sec.125cr.p.c after filing vakalatnama of Adv.did not file written statement and also not appeared in court for contesting the matter in this circumstances whether the maintenance order passed by the court are called Ex-party order and whether the N.A is entitled to set aside it u/s 126cr.p.c
Anonymous
19 March 2010 at 19:13
Iam about to file sec312 ipc against my wife 1)Is it cognizable offense 2) How i can drag her whole Family into this
Pls let me know under which private complaint i should proceed.
Adv Tejal Patel
19 March 2010 at 18:17
what is the procedure after an FIR is filed against a juvienile?, and what is the procedure for bail in cognizable offence?
Anonymous
19 March 2010 at 17:11
Hi,Iam filing a case against my wife u/s 312 as she has aborted my child i want to know the process how it works i want my wife's whole family to get arrested. I have the medical certificate saying that she was not allowed to travel while pregnancy but still she travelled with her brother in train to her mother's house, her brother said she will comeback after 15 days as her grandfather is not well after a week her mother said that they have aborted my child and all this happenened without my consent. iam filing a private complaint u/s 125(3)crpc.
pls explain what steps will be taken once complaint is filed.
confession in N.D.P.S. Act- Section 67.....
Learned Experts.... I wana some latest S.C. judgment on section 8/29 and section 67 N.D.P.S. Act. That confessuions made before police is inadmissible in evidence.