PJANARDHANA REDDY
21 October 2009 at 07:31
DEAR EXPERT,
CAN ANY ONE PLS PROVIDE ME THE FULL CASE LAWS OF THE BELOW ::
Where cheques issued as security, on dishonour of such cheque, not offence under Sec.138 of the Act (2001 (2) RCR (Crl.) 75 MP) also see 2002 (3) Crimes 145 ( Raj).
In 1997 Crl. Law Journal 1942 A.P.,
20. Time barred debt: Where cheque itself was issued for a time barred debt, there cannot be conviction under provisions ( 1997 (2) Crimes 658). Where the loan was taken in 1985 and cheque was issued in 1990 and the loan is barred by limitation, drawer of cheque cannot be prosecuted (1997 (1) ALT (Cri.) 509
. Request not to present the cheque : When after issuance of a cheque and before presentation for encashment, a request was made by the husband of the accused not to present the cheque. In spite of the same it was presented and a return. Complaint is not maintainable ( 1997 (1) Crimes 55); 1996 (3) Crimes 385 (Mad) = 1996 (4) CCR 92 (Mad).
GIRISH AGRAWAL
21 October 2009 at 00:05
12 PERSON HAS FILED SEPRATE COMPLAIN APPLICATION BEETWEEN JULY 27 TO AUG 20 IN 2 POLICE STATION AGINST THE 5 ACCUSE
FACTS OF CASES-
================
1. PERSONATION OF OF THE MCX COMMODITY EXCHANGE OF INDIA'S BROKER THE FIVE ACCUSED HAS COLLECT MORE THAN RUPEES ONE CRORE RUPEES OF 24 PEOPLE ON THAIR FIRM.
2. THEY ARE LAUNCHED A MONTHLY SCHEME THAT THAY ARE PROMISSE GIVE PER MONTH 500/- WHAN ANY PERSON DEPOSIT RS 5,000.
3. THEY ARE NOT AUTHORISED BROKER OF MCX.
4. HAY ARE COMMITTED AN OFFENC SUCH AS…
CHEATING (U/S 420 IPC),
CRIMINAL BREACH OF TRUST BY BROKER (U/S 409 IPC),
CRIMINAL CONSPIRACY (U/S 120B) &
SECTIONS 15,18,20,21 AND 21A OF THE FORWARD CONTRACTS (REGULATION) ACT, 1952.
ACTION OF THE POLICE
====================
THE POLICE HAS BEEN CHARGED U/S 420 IPC OF ONLY ONE ACCUSED & THEY ARE ALL 12 PERSONS APLLICATIONS MADE A SINGLE OFFENCE. BUT WE ARE INCLOSED DOCUMENTS & FACTS WITH OUR FIR APPLICATIONS IN POLICE STATION. POLICE WAS NOT INTERESTED TO FILED AGINST THAT ACCUSE.
OUR QUERY :-
=========
1. IS POSSIBLE TO 12 COMPLAIN IN SINGLE CASE?
2. ARE WE FILE COMPLAINS TO MEGISTRATE U/S 200 OF CRPC?
3. WHAT CAN WE DO THE BEST?
eswaramurthi
20 October 2009 at 18:53
Case based on private complaint u/s.307 IPC and SC & ST Act mother ended in aquittal in Court of sessions, now split up case pending before the magistrate, NBW pg, now the complainant want to withdraw the complaint is it possible for magistrate allow the withdrawal
eswaramurthi
20 October 2009 at 09:40
complaint based on private complaint offence triable by Session now nbw pg in jm court, the complainant want to withdraw the complaint is it possible for magistrate allows the complainant to withdraw ? if yes what is exact provision magistrate has to follow?
G Pankaj
20 October 2009 at 09:39
What can be done if a judge is unduly lingering the hearing of bail application givin plea that he has several pending works.he has heard already on 2 days, 9/10 & 14/10. next date of hearing is given is 3/11. on face of it it seems that he is delaying.
person in custody is 70 yrs old and no charge sheet has been submitted even after 7 years of FIR. taken in custody on 8/10.
vikram choudhry
19 October 2009 at 18:44
Dear sir im vikram from chennai and wrking as a software engineer,my native s a village which s around 400 kms frm here. there has been a false case filed against me in my native before two weeks by the local police in non-bailable sections.this was due to the clash between two groups in my village..the opposite party has included my name also in complaint actually i was 400 kms away 4m the spot.when the incident happened.can i move for anticipatary bail in high court chennai nw pls
G.G.Shaikh Advocate M:9898038990
18 October 2009 at 21:17
please give me any latest judgment about Burden of proof on complainant to prove his legal due
shubham
18 October 2009 at 15:32
hello friends...
It's very unfortunate that so many fake cases are done on the poor and week by rich and influential people . Our world's one of the most corrupt police comes in such influence and start raping the freedom of innocent without any mercy . Anyway I need a suggestion in one of such cases done on me . I am shubham working in a private construction firm in aurangabad, maharashtra. Here I came in contact with son of member of parliament(should not mention name) who claimed to be my very good friend . One day he told me that he is interested to work in my company and I should vouch for him to hr manager , but I gave up becoz me myself don't have good relation with him . This made him angry ,he stopped talking to me . Though I tried hard to explain him but he was not ready to listen . with time I ignored him , but his grudge aggregated in due course and one day I came to know that he is preparing to take some sort of revenge .Then my hr in office informed me that they have received an application where the complainant has claimed that I have taken 5 lac rupees for job in my company . Though the hr helped me and replied him back that I am not the authority and rest issue is personal . I was in damn tension after that , every new day a police officer would call on phone and tell me to give him money . When I told story to my general manager he transferred me to nasik .Then I came to listen that he has filed a 420 ipc complainant on me . Hehe that man have never spent 5 rupees on me , how would he give me 5 lakh. Anyways I immidiately applied in session court and when rejected applied in mumbai high court . It was granted on 5th oct with a validity of 2 months . Also after hearing both sides the h'ble judge wrote 'in the lights of fact this court is inclined to grant him anticipatory bail , without commenting further on merits this court orders.....'.
Is it a first victory..?
Can this anticipatory bail be challenged as the complainant is son of m.p and has good relation with local police and administration ?
now what to do ? can I apply for regular bail within this time period before validity of AB expires . I can easily get bail by police but what about court on surrender .
I have a family to support , my kids are small . I don't want to land up in jail . Also I am not ready to give up to atrocities of police , I am ready to loose everything but not bend on my kne
ghansham das
18 October 2009 at 14:57
DEAR ALL,
THERE IS QUESTION BY MR RAVI, 17 OCT,09.
FORM 32 SUBMITTED , GIVES RELIEF?
MY QUERRY-
*IS IT REASONABLE FOR COMPLAINANT TO KNOW BEFORE FILLING COMPLAINANT AGAINST THE CHAIR PERSON PRESENT ON CHAIR/ ?
*WHEN ROC WILL NOT REPLY WITH IN TWO WEEKS OF TIMES AS REQUIRED TO FILE CASE U/S 138 AFTER NOTICE IS SERVICED,?
*IS THE COURTS JUDGMENTS DRAW A LINE THAT CHAIRMAN/ DIRECTORS, BOARDS ARE NOT GUILTY?
IS THAT COURT IS NOT ABLE TO JUSTIFY THAT THE BENEFICIARY IS BELIVED TO HV FAITH IN SYSTEM, JUSTICE, NOT LINGERING PROCESS ENDLESSLY???
PLS CRALIFY..???
after going hro' jc scc it is felt that the court is merely passing some orders with out keeping in view that how the complainnat is suffering for justice, is over looked, after years after years, what the use of it, if the same money is paid after ten-twenty years????
gdgupta10@rediffmail.com
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notice period in sec138
is it mandatory to send notice wthin 1 month from the cheque bounce intimation from the bank to the holder of cheque. if not sent wthin one month then what remedy available to the holder.