Himanshu
18 November 2009 at 18:53
We have deposited 3 cheques which was bounced before 2 weeks. Our accountant, without having knowledge about the procedure under section 138 of Negotiable Instrument Act. issued one letter demanding amount of returned cheques. Now my query is can that letter will be considered as deemed notice u/s. 138 or we can issue legal notice u/s. 138 within 30 days of cheque bounced. Please advice.
Member (Account Deleted)
18 November 2009 at 15:11
First Sec.138 of NI Act notice issued against Mr. B. Thereafter, Mr. B called for settlement and asked to wait for 15 days.
Now, Mr. B denied for settlement, S. 138 notice period passed by 40 day...
Can second time notice U/sec. 138 of NI Act is permissible or what would be a remedy for this?
sundararajan
18 November 2009 at 14:42
It is a case happened in our apartment in one of to the neighbour.
He has taken around 12 lakhs of personal loan by giving forged documents.Recently he has availed a loan on her wife name in HDFC bank with forged documents.His wife is actually not working.HDFC bank found it forged and FIR has been filed on both husband and wife.The bank has seized the original certificates , passport and pan cards of the husband.In couple of days the couple were absconded.
The bank seized the entire things of his house where his/her parents are staying.The bank sold all things and settled against theid outstandings.
My queries are :
Is the bank has right seize the Passport and Pancards ?
Can the bank freeze the passport in the court?
What are the legal implications to the husband and wife in this case.
Does the bank has right to seize the household things?
MAYUR SHRIDHAR KADAM
18 November 2009 at 14:18
HI,
I am law student & my college gave me one case called State v/s Nitishkumar for moot court, so i am going to act as lawyer of Nitishkumar who is defendend/ respondend in this case, the fact of case & question which i have in my mind for the defence of nitishkumar is attach herewith
please provide me some guidline or solve my question so that i can prosecute case easily
Soma
18 November 2009 at 13:41
Client issued a cheque at Kolkata, against loan taken in Kolkata, Cheque dishonoured at Kolkata, Client received demand notice at Kolkata.
138 N I Act case filed at Delhi, court issued warrant. The case admitted on the ground taht the demand notice was send from delhi.
Other Party claimed taht Supreme Court judgment allows such place of suing where from notice has been sent.
Seniors Please advice...any idea of such judgment?
Anonymous
18 November 2009 at 12:02
If a person loose the case in lower court such as district court ,regarding dowry case, then in how much Maximum time he can appeal to the high court.
Prajakta Shinde
18 November 2009 at 10:48
one client of my was bitten at his office while performing his work by a lady.he lodge a complaint aginst her in nearby police station. Police while investgation taken the Jabab of two witnesses.The police enquired about the incidence in his office and their action on it.The office just informed them we have enquired about the matter and we have told them not to repeat such kind of act.And on these saying police stop their investigation.So is there no use of the JABAB taken by the police while their investigation? was the procedure of investigation of police proper??what else my client ask for in this case??...please reply
thank you
Anonymous
17 November 2009 at 23:41
Dear experts,
After filing FIR....in nonbailalbe crimanl case
1.if accused on filing case with police is not availabe at present address for investigation.,a) what steps police department will take?
b) how long police department keep case open?
2.if accused is outside INDIA, what step police department will take to call accused for investigation.if outside india address is available or not available.
3.whether police department demand money to push the case??
4.As per the rules, how long police department keep Complaint open., if accused is not available enquiry.
5.if police department closed the case, due to nonavailbity of accused., can we reopen the case again.
Anonymous
17 November 2009 at 21:35
IS PHOTOSTAT COPIES ARE ADMISSIBLE AS SECONDARY EVIDENCE ? PHOTOSTAT COPIES ARE ATTESTED FROM ANOTHER PHOTOCOPY(WHICH IS NOT CLEAR WHETHER IT IS A COPY FROM ORIGINAL OR FROM FURTHER PHOTOCOPY).CAN JUDGE GIVE IT'S OPINION IN THE JUDGMENT AND HELD A PERSON LIABLE(UNDER CRIMINAL LAW) IF COURT IS NOT SURE ?
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delay in brining complainant's Legal heirs
Complaint is filed u/s 138 of NI Act, during the pendency of the complaint died, but complainant advocate has filed an application for brining LRs. of the complainant to bring on record after one year of death of the complainant.
In my opinion without delay condonation application such application is not maintainable. There is no provision in the Cr.P.C. to bring the LRs, so in accordance with the CPC delay condonation application will have to be filed.
After the death of the complaianant, complainat abets.
Let me know am I right?