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Jitesh   17 September 2009 at 10:47

Cyber Crime

Hi All,

My ccousin has been booked for fradulantely using credit cards of others to book railway tickets.

3 Years back he was arrested & has been charged under section 34B, 420. Currently out on bail.

The fraud amt is around 1.5 lacs.

I wanted to know that if he is found gulity will he be charged only a penalty to pay or will he have to serve any period in jail. Even if he has to serve any term in jail what could be the approximate period?

He does not have a criminal record, it's just that out of stupidity he commited this crime for the first & last time in his life.

Also, if someone knows the recent outcome of any such case. I guess that would be very helpful.

Awaiting Response.riven

shiva   17 September 2009 at 10:37

Item stolen by my WIFE

Hello All,

My wife had filed a false 498A on 28/02/09. Again 307, DP3/4 on 03/03/09 on me and my brother. For more than six months I and my brother we staying out of our own house fearing arrest and harassment from my wife family members. On 04/09/2009 after getting bail we went to our own house. We could see that several item were stolen by her like bank passbook, FD, passport, RC book, silver items. She vacated the house on the same day and police men were there to see there is not fight with each other.

Same day I made list of the items that were lost and stolen by my wife and went the police station to give the complaint against my wife and others. But the Police Inspector refused to take the complaint as it 10:00PM and asked me to come tomorrow morning.

Next morning (05/09/09) when I went the ASI and IO made wait for 2hrs and then gave complaint saying that is a civil case please file case in family court. This he did because of the influence of wife uncle who is retd police officer. When there is clear case of theft by wife the why the inspector is not registering the case and giving a FIR.

Please give me some advice on how to make them register case against my wife for theft.

Thanks,
shivariven

yaseen   16 September 2009 at 14:07

false 498A - DP3 -4

Dear All,

My wife has filed a false 498A DP 3/4 against me and my family, Self, Father and two sisters.

One sister is mentally ill from past 12 yrs. (treated in govt hospital)

Father is senior citizen.

THEY HAVE CALLED FOR COMPROMISE AND APOLOGISED AND ARE ASKING US TO STAY WITH OUR KID IN A SEPERATE HOUSE. AND THEY WILL WITHDRAW THE CASE WHEN IT COMES TO EVIDENCE.

WHAT LEGAL PROCEDUR SHOULD WE FOLLOW IN SELF & FAMILY INTREST AND START LIVING WITH HER.

OR

WHAT IS THE OTHER ALTERNATE I NEED TO THINK AND DO???

KINDLY ADVISE AT THE EARLIEST.riven

pravin jain   15 September 2009 at 19:28

Professional fee returned by C.A. to client is a Debt?

A private limited company has paid professional fee to chartered accountant for setting up a project of Bio -Diesel and cultivation of Jetropha plantation . cheque in the name of Chartered accountants firm's issued for project report preparation fee. Another cheque issued to cultivate the nursery for plantation in favor of his HUF the karta of HUF is proprietor of Chartered Accountant's firm.( karta and Chartered Accountants are same)
After preparation of project report and raising of nursery for saplings due to some disputes , the karta of HUF has issued the cheque for entire amount to the company. The cheques returned and Director of the company has filled the suite under sec. 138 of N.I. Act.
Now question arises that whether the karta of HUF shall be liable for fees received by Chartered Accountants firm ?
Whether fees received by HUF returned to the company is a Debt or Legally enforceable debt ?
Whether cheque issued to return the fees is for consideration?
The karta of HUF has made an application under sec. 91 of Cr. p.c. for production of agreement , MOU, books of accounts, vouchers, other relavant records in support of transaction. The Company denies to produce any thing. And through its director furnished an affidavit that the company has no records, vouchers nor account books in his possession on nor in control and can not produce. The case is at evidence stage steel evidence has not started.
On the basis of above facts can a discharge petition be filed by HUF?
Or Director of company can refuse to produce the documents which the company is legaly liable to maintain under section 209 of Companies Act 1956.
PLEASE COMMENT ON THE PROBLEMriven

gopal narain mehrotra   15 September 2009 at 17:52

cause of action ofthe notice U/S 138 of N.I. Act

cause of action of the notice U/S 138 of N.I. Act will taken from the date mentioned on the notice OR the date of dispatched of the said notice by registered post.riven

sandip more   15 September 2009 at 16:02

i am criminal lawyer practioner

i wanna in a matter that the respondant having a knowledge of defence without my. wt i can do.
sir also that in the 420 of ipc at the stage of wbp wt we can do.
riven

Kumar Gaurav   15 September 2009 at 13:56

Best Criminal Lawyer in Nainital High Court

Please suggest any good criminal lawyer in Nainital High Court for Criminal matters as my brother in law is in prision for 3yrs. in flase murder case. And we want to get his bail done. Once bail has been rejected by High Court & sessionriven

Adv. Deepak   14 September 2009 at 20:53

Maintenance Case CrPC 125

Respondent remained absent when the matter was kept for his evidence. Thereafter, he did not attend the court because of his personal reasons as he was jobless. Now the court has closed the evidence of the repondent stating that he has not availed the opportunity. The matter is posted for arguments. Can Respondent advance his argument? Will court admit it. If written argument is submitted and any document for his income proof is attached to it, will court consider it while passing the final order? Will court ask to show cause why he has remained absent so far? Request the Respected Experts may kindly advise me suitably. Regards. Adv. Deepak.riven

Jatinder Ahuja   14 September 2009 at 20:12

FIR

CAN WE FOUND REGISTERED FIRs' ON THE NET?riven

Sukumar Rao Pallepati   14 September 2009 at 10:15

The Payment and Settlement Systems Act 2007

Dear Sir


Pls Provide me Any judgments of Under Section 25 (1) of The Payment and Settlement Systems Act 2007

Sukumar
Advocate
Visakapatnam(AP)
9866022548riven