vinod bansal
13 February 2010 at 23:12
R/Members
If a spl judicial magistrate passed an order of conviction of one month & fine of Rs. 50/-in a petty offence case like gambling than what is remedy to me as there is no provision of appeal in cases of fine less than 200/-Rs. & 3 Month imprisonment as per section 376 of CrPc.Kindly suggest
Regards
Vinod Bansal Advocate Jind
vinod bansal
13 February 2010 at 23:08
R/Members
in one of my case of private complaint after recording of preliminary and pre charge evidence & summoning of accused,at the time of framing of charge,court discharged the accused,now i want to know whether discharge in this case is amount to acquittal? now in given situation what remedy i have,whether i have to move before sessions court or highcourt,secondly in appeal or revision,kindly clear legal position bcoz this point of law is harrasing me fgrom last 5-6 months,i have already discussed this legal issue with so many lawmen but there is contradictory opinion,kindly help me regarding this issue with relevent provision of law in such given situation.I will be very thankful,With Regards
Vinod Bansal Advocate
Distt courts Jind RTI Activist
Vikas Aneja
13 February 2010 at 15:01
My client has been convicted by lower court under section 138 of Negotiable Instrument Act. I filed appeal against the conviction of my client in sessions court. My client is ready to pay the amount with interest but the complainant is not ready to accept and insisting on the conviction of my client.
Now the question is:
1 Whether I can submit to the appellant court for compromise the matter,if yes please refer the law.
2 Whether the appellant court has power to compel the complainant to accept the amount,if yes plese refer the law.
3 please refer other instruction about the case, how can I save my client.
anjaneyulu
13 February 2010 at 13:00
I am practing as a junior advocate at Machilipatnam, Krishna District, A.P., and appearing on behalf of the accused in a Dishonour of cheque case, my doubt is my client is ready to pay the cheque amount to the complainant along with reasonable expeneses, but the complainant is demanding double of the cheque amount, if any ruling is there to support my version i.e., if the cheque amount is deposited in to the court, the Magistrate can acquit the accused or not, send your answer with relavant ruling sir,
SATYANARAYANA K
13 February 2010 at 12:55
Respected experts,
My client gave a complaint u/s 498 A of I.P.C and Police was registered a case and arrested the accused, produced before the court, and accused was in jail 4 days, due to that effect his jobs lost and suspended by his employer its a Central Govt employee.
Now complainant wanted to withdraw the case, it is in crime stage, police did not filed charge sheet.
my client immediately wanted to withdraw the 498 a case only. Maintenance case is pending before another court.
my query is 320 (2) and 320 (8) of Cr.P.C may i withdraw the case immediately. and refer to Lok Adalat and compromise upon terms & conditions.
If any other remedy or procedure please give suggestions immediately, i am waiting for your valuable reply.
Aruna
13 February 2010 at 06:43
Que.1.Can any Expert explain the Process involved in the non payment of maintenance under Cr P C Section 125 and execution process of Arrest warrant and how long does that take?
Anonymous
13 February 2010 at 00:40
A case had been registered against me and my old parents under Section 498a based on false allegations.
The petitioner refused to honour the marriage as she realised that she would not be able to give up her independent way of life at Chandigarh and relocate. As she is in service she could not demand maintenance; but she & her family wanted to terrorize & extort money from me. I did not give in to their demand for money and they filed a case under section 498a, in addition to annulment case in family court.
She did not stay with me even for a day. As I presented my case in family court stating true facts, she had no other option but to state that the allegations were due to 'misunderstanding' and got the annulment. However, the section 498a case could not be settled on the same day as the case had got transferred to a different court.
Now that she has got the annulment, she or her parents are not responding to JMC (judicial magistrate court) summons. Summons have returned as 'Not served' 4 times. Chances are they have shifted residence or using some other foul means to avoid summons and we are stuck with this section 498a case.
She had given Deposition before family court judge that allegations filed under section 498a were due to 'misunderstanding' and she would not pursue that case (we have certified copy of that). She had also given a written declaration to old JMC stating she would not pursue section 498a case.
New JMC wants the Petitioner or a witness to give declaration before the court in person that they would not pursue the section 498a case. She & her parents are taking advantage of this requirement to harass us and prolong the case.
Please let us know what's the best way to get this case closed. We have certified copies of Family court judgement of annulment due to non-consummation of marriage and petitioner's deposition before family court.
Please let me know if you need any other clarification to give proper advice.
Anonymous
12 February 2010 at 21:40
dear experts please provide your valuable suggestion on the following in respect of preventation of corruption Act.
the Managing Director of a public sector Bank misused his position by allowing two VIP Guest Houses (one at Mumbai and another at New Delhi) meant for official use of top exexutive of the bank for the personal use by his family members for more than two years.
in another instance He has arranged the banks BOD meeting at his choice place to facilitate the arrival bank's top executives and officers to attend his son Marriage.the meeting was previously scheduled to be held at Mumbai but subsequently he changed the meeting place to Hyderabad and also the date of the meeting so that bank official can attend the marriage in the name of BOD meeting at Hyderabad at huge bank's cost. whether these kind of abuse of position amount to offence under the preventation of corruption act ? pl advise
G.S.ROYAL
12 February 2010 at 18:08
Whether Sec 7 of criminal law ammendment Act,1932 would come into force in A.P. in view of criminal law(Extension and ammendment) Act,1979?
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