Milind Joshi
19 January 2010 at 17:45
As per the amendment in Section 202 of CR.P.C. Following insertion is made" and shall when accused is residing at a place beyond the are in which magistrate exercises his jurisdiction". Now as per this amendment Whether it is incumbent upon magistrate to compulsorily postpone the issue process or if a material before him is like such in a case when offence committed can be seen prima facie and accused is beyond the jurisdiction. Whether Magistrate can pass an order of issue process when he has satisfied primarily when accused is beyond the jurisdiction instead of sending it for investigation or the word shall denotes that he must send it for investigation. What is scope of words in the section "Sufficient Grounds"? Are there any case laws after the amendment of 2005 which says magistrate can pass an order of issue process directly instead of postponement of issue process, when magistrate is satisfied prima facie. Please send me the Object of said amendment of 2005 also.
Anonymous
19 January 2010 at 16:13
Sir,
I was issued a cheque for a certain amount and then later informed that a stop payment order has been made on this. This was done without my consent. Can I charge them with an offense?
thamilarasan
19 January 2010 at 16:03
sir im thamilarasan from tamilnadu there is an criminal case on me two years back it was filed sir but still now i did not have any earing in the court i want to know whether the case will be cancelled or not
Anonymous
19 January 2010 at 14:28
My client has a current account in this Bank 1. Additionally, he also enjoys a Term loan provided by the Bank. The Bank has opened an internal account called as ABC Limited Term loan A/C for their operational use internal.
In a particular instant, my client had provided a crossed cheque to his branch manager of Bank #1, this chq was issued from my clients own account in an another bank (say for e.g. ABC Limited a/c in Bank 2) to be deposited in its own account in the Bank 1 (for e.g. ABC Limited account in Bank1).
Taking an advantage of an natural calamity that struck my clients factory, the vily branch manager deposited this cheque in the internal account i.e. Term Loan A/c and not the Current A/c as it is regularly done.
This cheque bounced as there was no funds created in the Bank 2 account due to the calamity.
Can the Bank fradulently clain that they are the holder-in-due-course as the name of the account are identical. Can the procedure of 138 D be initiated claiming that such a cheque was a payment to the loan account.
Anonymous
19 January 2010 at 12:38
Last week The Hindu published about some directions and suggestions given by Supreme Court regarding cheque bounce cases.If any one among the expert panel help me to get the details?
my email id is vcnsethumadhav@gmail.com
Golok Ranjan Tripathy
19 January 2010 at 11:42
We have given blank signed cheques to a company to be used against specific bills. The company used one such cheque for full and final settlement done arbitrarily without our knowledge.we came to know about the full and final settlement from their monthly account statement. They gave us thirty days time to file objections, which we did as our claims with the company was yet to be settled. Even before they drafted this account statement sent to us and the expiry of the time period given in it, they used one of our blank cheques for the amount of the arbitrarily reached at settlement without any information to us. The cheque got bounced. Is section 138 maintainable? what are the remedies for us?
Suryanarayana Rao
18 January 2010 at 22:49
Can a divorced Muslim woman entitled to seek maintainance under Sec.125 Cr.P.C.?
barun deka
18 January 2010 at 19:51
it is in practice to issue blank security cheques with to my client who is a distributor by various dealers so that when subsequently the dealers fail to make timely payment of dues, he can present the cheques by filling the amount of outstanding dues himself to recover the same. now if such a cheque gets dishonoured, can the provisions of 138 be attracted in the usual manner or is there any complication???
friends i am in urgent need of guidance, so please post your suggestions at the earliest.
Member (Account Deleted)
18 January 2010 at 16:40
Hi Experts,
Can anybody please explain What is section 325, whether is imprisonable?, non-bailable?
Sreeram
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prosecution of judges
In a reference made by subordinate courts to High court for initiation of criminal contempt proceeding within the meaning of sec 2-c of contempt of court acts 1971; subordinate courts created false evidence in support of their reference? How can these judges be prosecuted for committing the offence of creating & giving false evidence before High court? whether any sanction is required u/s 197 crpc & a complaint is required by the court u/s 195 crpc? Can both of these provisions i.e. sec 197 & 195 crpc be ignored,while filling criminal complaint against those judges?