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dushyant saini   21 October 2009 at 19:09

NI act

sir I want to know these questions?

1) what documents should I bring from the clerk of a bank, in which the cheque was submitted while summoning him, in a cheque bounce case and what questions should I ask him in his examination in chief?

2) what documents should I bring from the clerk of the bank in which the cheque was send for clearence, while summoning him, in a cheque bounce case and what questions should I ask him in his examination in chief?

Manish Kumar Gupta   21 October 2009 at 15:40

Penalty against electricity pole damage

Dear all,

Our company's driver damages a electricity pole and transfarmer five days before in saving a cattle on the road. There is not any FIR by villagers or electricity board till now.

Is there any provisions, so can villagers or electricity board can recover damages from us. If they can file any FIR now. What remedies avaiable to our company

Regards,
Manish

Sameer   21 October 2009 at 11:11

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.

PJANARDHANA REDDY   21 October 2009 at 07:31

URGENT REQUIREMENT OF N.I ACT CASE LAWS

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

FIVE ACCUSE CHEATES RS ONE CRORE OF 24 PEOPLE WHAT CAN I DO

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

withdrawal

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

withdrawal

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

lingering of hearing of bail application

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

Anticipatary bail

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

Burden of poof in N i act

please give me any latest judgment about Burden of proof on complainant to prove his legal due