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Ashok Yadav   22 December 2009 at 17:26

Is a authorised representative of company is liable for the

A as authorised representative of his company got a sale deed registered in favour of his company, but the sale consideration was to be paid by the agent/broker of the company (company has entered in a MOU with the agent/broker for that purpose)

after some time a FIR u/s-420,467 was registered against the authorised representative of the company on the pretext that the consideration amount of the land purchased has not been paid to the seller. Name of the company or broker is not mentioned in the FIR.
Now my question is:-
1) is FIR against the A/R of the company is maintanable if he has not done any wrong.
2)was it necassary to mention the name of company as one accused in the FIR.
3)What should the A/R do if he has not done any default.
4)Should he go to high court for Quashing of FIR.

Kindly Reply it with relevent case law.

Anonymous   22 December 2009 at 17:22

cheque bounce (section 138 of the NI Act)

I m disclosing the data in details now.

Ours has a Textile business engaged in the developement of powerlooms parts.

Due to financial crisis we took the Personal loan of different bank as well as of NBFCs like barclays finance , futuremoney etc. worth Rs.10 lacs

Now for most of the banks 3 cheques has been bounced and so the recovery agents of banks are now coming to the factory premises and behaving and tourchering like anything.Moreover they threat to bring out a warrant in my father's name on whose name all PL has been taken.

If i talk about the personal assets then we have house motgaged(Home loan) by GEMoney.

Factory as stated above is in the name of my father( THAT IS GUMASTADAHARA AND SALES TAX NUMBER )

Whether they attach the house?
Whether they attach the factory?

bhupender sharma   22 December 2009 at 17:05

witness

can a person whose statement has been recorded in the court and unfortunately he could cross examination him and opprtunity closed, after allowing the application under section 311 Cr.P.C the winess are recalled but they did not traced or left the given address, whether their statement can be used as substative evidence against the accused?

DEVENDRA   21 December 2009 at 21:40

N.I. Act S. 138

One person has drawn a bearer cheque written on it as " self " and after signing on back of it, he has handed over it to other person for his liability. The other person has presented it for encashment, but it has bounced for lack of insufficiency. In this case, whether s. 138 will attract especially when the cheque is written as "self" ?
Please answer along with any citation.

Anonymous   21 December 2009 at 17:50

cheating case

In case a person files a cheating case against another to harass him, lodges an FIR when the courts close for vacations is it possible to get anticipatory bail what is the procedure & time required? What are emergency courts ?

Anonymous   21 December 2009 at 16:31

ipc 138

sir , i have taken a loan of 150000.00 where my emi is 6730.00 after a few month of running the loan all of sudden my shop got burnt in an fire incident where i have lost all my documents and property , i did not come across with any compensation.......i have my family and a two years son to look after........i lost everything in that incident and now i am working in a different shop to run my family.....
the finance co from whom i have taken the loan , i made a request ,fax ,email for extension of period but they didn't answer to it after then i manage to pay 4-5 installment in cash. but now they send me a court notice to attain at the court for hearing...........................i have no words to express , how to deal with this situation........please help your suggestion is very important to me

my email address is william_74whittier@hotmail.com

syedjahidabdullah   21 December 2009 at 13:30

forgery

Does manupulating xerox of a document without tempering the original document amounts to forgery?. seeking opinion with case law

Anonymous   21 December 2009 at 13:28

forgery

Does manupulating xerox of a document without tempering the original document amounts to forgery?. seeking opinion with case law

Advocate.S.A.Siddiq   21 December 2009 at 09:35

IN 138 NI Case , Proclaimed offender

Dear Sir's
In u/s 138of NIact case , the accused not present before court after proclamation u/s82 crpc puplished, can we able to declare as proclaimed offender , if it is possible kindly display perivious orders..

abdulrahaman   21 December 2009 at 01:10

non mentionning of charging section in FIR

Please reply with case law for the following querry;
1) If a criminal case is filed by a company for breach of trust against it's two employees and on the two out side persons u/s. 408 which is the charging section for the and not for the out side parties. In this case whether the third persons can challenge the error in FIR and can apply for quash U/s.482 crpc
2) What is the time limit to get a statement by an investigation officer from a witnesses u/s 161(3)