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Anonymous   15 January 2010 at 12:28

IPC 420 & 102 B

A reputed training company which is a partnership firm of 2 partners trains students in IT/TELECOM & soft skills and places students in IT companies. this XYZ company has appointed a HR recruitment company to recruit people place them in the IT company.
This XYZ company is charging the HR company a fixed amt for training to be precise 35 k and proper business agreement is signed between HR co and XYZ compnay.
everywhere there are good and bad students the hard working ones get placed in 3 months and everything is fine the rest hv to wait.
the xyz company has not taken a rupee from students instead they hv paid stipened to them inspite of which they go and lodge a complain in police station of cheating, the case is registered and under IPC 420/ 102 B the 2 director and one relative not connected with business is arrested and 3 days of PC and 3 days of JC they go through without any fault of theirs , meanwhile the HR company 2 partners are absconding but they are A1 & A 2 in the FIR rest a3,a4,a5 are the partners.

now the matter is in court last 4 years and even FOC is not done . My question to the honorable jury.
1) can the case proceed with A1 & A2 absent and no effort by police is done to trace them ?
2) is the ingredients of IPC 420 /102B fulfilled in this case ?
3) wht shd be the stand of a3, a4 and a5 as there is no proof wth the students that they hv given money to the XYZ company.
4) if complainant does not turn up for hearing on summons then how many chances the court gives ?

yr kind guidance will be very much appreciated

Anonymous   14 January 2010 at 22:28

quash-acb

sir,
i have filed a quash petition in A.P-High-Court and the same is dismissed ., now can i go for a Appeal/revision for the same. M.Sanjay.

Dirgesh kumar sharma   14 January 2010 at 21:48

138 u/s NIT

Sir,

cheque dishonured date 24-10-2009
notice served date 21-12-2009
in beetween 59 days.
notice recived date 24-12-2009
I want filling complain.
Plese see the any way.

I am weating.........sir.

vijeta   14 January 2010 at 20:44

scientific techniques

dna mapping,narco ananlysis,and other scientific techniques adopted in course of investigation help in revealing the truth .Dont such techniqueS INFRINGE constitutional gurantee under art 20(3)?

sunil pagare   14 January 2010 at 20:40

Chargesheet & Process Issue

R/sir & Madam,After filiing Chargesheet court take the cognizance & issue the process against the accused. It is a Procedure of law.My query is that after filing chargesheet at the time of issuing process it is reavel from the documents that, offence in other section is committed by accused. whether court have power to issue process under that section insted of I O arrested & chargesheeted the accused in another sec?

vijeta   14 January 2010 at 20:39

custody

what is the difference between police custody and judicial custody

pashi   14 January 2010 at 17:16

cheque bounce

Thank u very much for all your valuable information on unlicensed money lenders.

Sumir   14 January 2010 at 14:26

False information, false evidences

Public servant "A" gives public servant "B" false information and false evidences, police complaint will be lodged to police station having jurisdiction over the area of public servant "A" or public servant "B"; the accused is only "A".

Anonymous   14 January 2010 at 13:11

Urgent Help Please!

01. Amount in the Account was frozen on Day ONE and operations on the account with the entire balance was stopped.
02. Employee was suspended from Service on Day SIX.
03. Complaint with reason "Misuse of Computer System" was signed on Day EIGHTEEN.
04. Complaint was taken to SHO and registered as FIR u/s 409 on Day TWENTY THREE and none has signed on the FIR in the capacity of Complainant. In fact the Complaint was not handed over to the police by the authorised representative and hence not signed.
05. FIR was presented in Court of Law and Warrants Issued on Day TWENTY FIVE.
06. Amount was debited to the Account so frozen on Day EIGHTY SIX and all thethrough the entire account was blocked from operating even the amount above the disputed amount.

Accused is an Employee of the Bank and Complainant is Bank.

The transaction pertains to about 8 months prior and transaction was not properly checked on daliy basis

and the amount was credited to the account of the accused. Only with-drawals after the disputed dates were submitted to the police as if they belong to the disputed date, which is not correct.

No incriminating evidence as to the complaint in Sl.No.3 were provided to the Police even after FIVE MONTHS after registering FIR.

Police Authorities were successful to make the Bail Petition in District Court dismissed, but was granted by the Hon'ble High Court.

Even by then, Complainant Bank has not furnished any evidence in support of their exact complaint. Also kept the Police in dark by hiding some crucial information favourable to the accused, though the accused has been marked a copy of the correspondence to the accused. Can accused present it to Police, though the Complainant Bank has hidden this fact from the Police?

Complainant Bank, though not provided any evidence in support of their exact complaint, persuading the Police to file Charge Sheet.

Accused is not paid Subsistence Allowance timely and correctly, and delay is nearly one month from the date

of submission of required certificate. The Bank has separate set of instructions reading as, "PAYMENT OF SUBSISTENCE ALLOWANCE IS MANDATORY. NON-ADHERENCE TO THESE RULES WILL INVALIDATE THE ENTIRE DISCIPLINARY PROCEEDINGS (Domestic Enquiry, in other words)".

Whether the sequence of incidents are in order to make a case?

What would the best recourse to get away from the FIR and get back to the Job?

Anonymous   14 January 2010 at 12:52

dishonour of cheques

CAN UNLICENSED MONEY LENDER SUE THE ACCUSED IF THE CHEQUE BOUNCES