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anuradha   18 August 2009 at 13:06

Frivolous or Malicious litigation under Section 420

Dear Sir,

We are a small firm providing consulting services based at Mumbai. I landed up in a dispute with one of our customers when he wanted to terminate the contract with us (as he got a cheaper alternative) in the midway of the services being imparted and wanted the advance money back. The customer filed a police complaint against me based on baseless allegation to make it look like a case of cheating (Prima-Facie). An FIR was registered under section 420 leading to my arrest in 2006. I got bail soon. The charge sheet has also been filed.

Presently the case is under trial in Metropolitan Magistrate Court for more than two years. My problem is that the complainant is not coming on the dates despite summon being sent by the court and same being received by him. As the allegations against me are baseless, he cannot prove the same in the court and that’s why he is not coming. I have been regularly going to the court on all dates hoping that he may come. I just get a new and long date every time, that’s all.

I want to know that whether there is any provision in the law against such frivolous or malicious litigations? Should I approach the session’s court to take this case on fast track? Is there anyway that can bring this complainant to the court? Whether there is any possibility to get discharge from this case keeping in view that the charge-sheet has been filed? Kindly advise me with a practical solution/ roadmap.




Request: Please treat this as confidential.

RADHA PYARI SRIPADA   17 August 2009 at 19:28

compounding of a non-compoundable offence u/s.304-A

Please elaborate about the procedure for compounding of an offence pertaining to a case of medical negligence under S.304A pursuant to a compromise deed to withdraw all cases (including consumer and criminal)and the agreed amount is paid in full in the consumer court.
Thanks to all learned members for sharing your knowledge.
RP Sripada

Rohit Gupta   17 August 2009 at 16:42

maintainance under Cr.P.C.

Where Appeal lies, when revision petition is rejected by ASJ- which was preferred against Final Order in a maintainance petitition filed under section 125 Cr.P.C before MM.

vinod bansal   16 August 2009 at 21:00

Appeal against Acquittal in complaint case

R/Members
Kindly anyone tell me Amendmend regarding Appeal against Acquittal in complaint case in sessions court has implemented or not.Thanx

ram   16 August 2009 at 18:43

misuse of company property

One of the employees left the organisation without giving the notice.Obviously neither her resignation was accepted nor she was given releiving letter. Later on it was revealed that she has joined a company by submitting the fake releiving, experience and other documents in the company's letter head with forge signature of company's director. Pl. suggest how legal action can be initiated against the person so that it becomes an example for other employees.

Also in which police station complaints can be lodged- in police station in whcih jurisdiction company is located or the alleged person is stationed.
Thanks.

Rajinder Bhatia   15 August 2009 at 23:47

Section 500 IPC Defamation

Could any one send me a sample complaint to be filed under section 499, 500 IPC, the complaint is based on the defamtory written statement given by the repondent before the quasi judicial body.
regards

vinod bansal   15 August 2009 at 22:52

Appeal/Revision against order of Discharge in Private compla

R/Members
I filed a crl complaint uss 323/506 IPC & magistrate at the stage of framing of charge discharged the accused saying that this complaint is a counter complaint which was filed by the accused of this case against son of complainant of this case,besides this their is clear allegation of threatning n manhandling against the accused in preliminary evidence n pre charge evidence,now i want to file Appeal/Revision of this order in sessions court,it will lie /maintainable or not secondely it is appeal or revision.Plz suggest some citations on this point also .Regards

Sumir   15 August 2009 at 21:43

Destruction of evidences/records/information

Recently I had come to know that some evidences/records/information has been destroyed by RTI application,
I beleive it is punishable as:
1. Sec 201 IPC destruction of evidence with 7 yrs
2. Under Public records act? (Which section) with 5 yrs
3. Under RTI act with rs 25,000 fine.
4. Conspiracy and abetment of the offence pertaining to which the evidences/records/information was?
I might be wrong, please comment.....

Apurva Kumar   15 August 2009 at 11:45

IPC

cases in india in which capital punishment was given under section 364A i.e. raresr of rare ny citation will also work its urgent1
Regards
Apurva
apurvakrsharma@gmail.com

mahendra rai jain   15 August 2009 at 10:56

138 N I Act.

Sir,
A case was pending aginst my client u/s 138 NI Act.before the court amounting 16000/- but my client have two cheques (SELF) issued by complainent to him but he didn't initiated legal procedings according to cheque in time and he is also unable to go for civil suit because of lack of courtfees and other fund. will he present the same in already pending cpmplainent for the puopose of defance?? is there any law?