s.rajasekaran
30 January 2010 at 18:11
in criminal case can we complaint to court by regesiter post?
if yes please give any supreme court orders ....
thanks
Anonymous
30 January 2010 at 15:36
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sivasankar
30 January 2010 at 11:44
Hi,
I am working in private concern. I know raj for some time, and he is doing various business. I have given Rs. 1 Lakh as debt for his business requirements at nov 2008.
A pro-note is written in the white paper promising an interest rate of 18%. A revenue stamp is affixed and Raj signed it across the revenue stamp at nov 2008. He has given the monthly interest for 9 months till july 2009 only by cash. At july we demanded the full 1 lakh in return for our medical purposes.
He has given Rs.25000 in cash at sep2009, and promised to give the remaining amount within a week. But after that he has given neither the remaining principal amount nor any interest.
At oct 2009, he has given two cheques, one for Rs.25000 and another Rs.50000. I have deposited Rs.25000 cheque to the bank, but bounced back because of signature error. After that I noticed that he has signed the pro-note and the cheque in same way. If the signature in cheque is in error, then the signature in pro-note is also a wrong one.
Now we have the fear that he might cheat us not giving the remaining principal amount, because he has wrongly signed in the pro-note and cheques. Also, he has shifted his house, and we don't have his new address. Also, he is not taking the phone calls from us.
Now I have the following questions...
1. The pro-note has one witness from the neighbour, and it is not registered anywhere, and no attorney has attested it. Please tell me if this pro-note is legally considerable or not? The witness will support me for any legal activities.
2. Also, The cheques are bounced back, not because of insufficient funds, but because of signature error. Is this considerable for punishment under cheque dishonour?
3. I want to file two suit, one for not paying the principal debt, other for the cheque dishonour.
4. I want to know what are the ways to legally recover my principal amount.
5. Should I file a criminal suit or civil suit or both against him...also I heard that civil suit will take sometime to come before hearing...also what is the litigation charges i have to bear.......
Please help me.....
Ranganath
30 January 2010 at 08:44
Ld Counsels,
If the complainant is proved to be making contradictory statement will it vitiate the prosecution.
Pls clarify
ballly jaiswal
30 January 2010 at 02:20
ONE person was driving his car on a speed of 80 to 90 kmph on the highway..his car collided with a pedestrain who came surprisingly in front of the car which was on the above mentioned speed. there was no legal crossing or intersection on the road..even the place of such accident was not crowed means to say car met with accident on the lonely place....the car driver called the police and also ambulance but the pedestrain sccumbed to his injuries before ambulance arrived.. the police came on the spot and registered the case against the car driver under section 304A as death by negligence and also under section 279 of IPC.. my question is that such person who is driving is liable under charges imposed upon him... as on the highway there is no legal crossing or intersection....also inspite of the fact that accused himself called the polie and ambulance without refering to the option of escaping as the place of accident was lonely...though such accident was caused by the nature...can the accused escape the liability under these section if there is possibility..then plz suggest some grounds and also supported jugdments...
Parveen Kr. Aggarwal
30 January 2010 at 00:05
In a complaint case under sectino 138 N. I. Act a cheque was issued on a bank account maintained by a registered society bearing rubber stamp and signatures of "A" (authorised signatory of the society). However, "B" also signed the cheque ("B" being near relative and manager of the society) despite the fact that "B" was neither authorised to operate the bank account nor having any connection with the bank account.
The cheque was issued in discharge towards repayment of a loan obtained by the society from a private financer (banker). The loan agreement bore signatures of "C" (authorised representative of the society) as well as "B".
Notice before filing of complaint was served only on "B" and on none else and in the complaint also "B" is the sole accused impleaded.
Now my query is what is the liability of "B" in the complaint?
Anonymous
29 January 2010 at 12:38
Can anybody please enlighten, if an F.I.R. is not signed by the complainant at the time of complaint, is it valid F.I.R.?
M Ravinder Babu Advocate Parka
29 January 2010 at 10:02
on filing of privatre complent police registering the case causing delay.non enquiry or formal enquiry in to the matter and keepings months or yearor much more delay and reporting the case as falsestill keeping itwith any report until otherwisedeel the matter .Officers also washing there hands at the threshould on or after directing the police to register the case or on recept of FIR.What is resonable time for all this ? what the poor client expect the justice from court?Protect petition pervivewin CRPC-The poor advocates face charm in the looks of his clients for his no fault but for his small contract. please convey a dare legal steps with out further expences to the client and with out further appeal to higher courts. What can one do Please inform, with bunch of citations.
.
Ladhu Ram Chowdhary
29 January 2010 at 08:49
Whether evidence can be taken by way of affidavit at the state of enquiry u/s 200/202 Cr.P.C.?
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Cheque
Hi....
one of my friend has stolen my 3 cheque from my cheque book. from one of them i have mentioned rs.225000/-but i didnt mentioned the drawer name on it and i didnt sign on it. my friend make my fake sign which is totally different from my sign. when i come to know about it i have informed my bank to stop payment of my stolen cheque and recived a letter from my bank. he gave me legal notice to me and replied him by my lawer. after that he came to my home and we settletd that he will not file a case agaist me and will tear all cheques. after that i dint lock at this matter after 1 and half year i become to know that he file a case agaist me and magistrate ordered for warrent agaist me. i have been bailed out and file a objection U/S 204 CRPC but megistate dined it. he file a case with language that i am taking a loan from my friend wife for a on 18% p.a. for the medical treatement of my father and will repay the same with in one month and will pay intrest seprateley.
what shound i do in that case....
plz provide me you valuable advice my next date is on 16th feb 2010