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Ruchesh Sinha   08 July 2009 at 16:51

Cheque Bounce (Section 138 of the Neogtiable Instrument Act)

What is the procedure after complaint is filed in the court of magistrate. What are the sections should be referred to.

Sumir   06 July 2009 at 21:51

Crime In general, Corruption/Economic offences esp- remedies

1. We have State Vigilence commission, Central Vigilence commission. Do they have power to look in above matters? Are they Functioning?
2. We have EOW and ACB of state.Do they have power to look in above matters? Are they Functioning?
3. We have EOW and ACB of CBI.Do they have power to look in above matters? Are they Functioning?
4. We have Maharashtra Human Rights Commission and National Human Rights Commission, Can they rap the above mentioned six authorities for inaction?
5. We have Lokayukta and Up lok Ayukta? Whats the difference? Can they rap the above mentioned six authorities for inaction? Can they themself take action.
(I need advices since I have proofs pertaining to involvement of a very BIG person in crores of scam/ scandal /fraud/ cheating/Economic Offence/Corrution, 420, etc.

Ranganath   06 July 2009 at 16:31

Section 340 CrPC

Ld Counsels,

Anticipatory bail was ordered based on a complaint and based on the submissions made by prosecution. The court did not procure a copy of the complaint from police. Later the same complaint was altered/improved with more allegations, which makes the prosecution case different from the one mentioend during the anticipatory bail hearing.

Now since the complaint is used in the judicial proceeding though not submitted to court, will any tampering with the compaint prima facie attract the provisions of section 340 of CrPC.

Also please clarify, whether written contradctions between civil suit affidavit and criminal complaint/statement attract the same section 340.

Thanks

armaan   06 July 2009 at 14:00

case details

Please tell me if i know that there was once a criminal case of murder on some person 3/4 years back is there any website from which i can get full details or some other mode.

Please suggest

Ranganath   05 July 2009 at 23:38

Bail and Framing of charges

Ld counsels,

I have first complaint and no FIR was registered. I have AB for this complaint. Now there is a second complaint and FIR registered, investigation is over and summons are served to me. Do I require a bail while going to court for this calendar case.

How can I(accused) tell the magistrate that this is inherently a false case and not to proceed with the trail. Will there be a framing of charges on the first appearance.

Thanks

allurisivajiraju   05 July 2009 at 16:27

Marking of Documents in \n.\i.Act.

Respected Seniors,

There are two cases ( X and Y )between the same parties filed by the complainant against Accused for bouncing of 2 separate cheques.

At the time of Cross Examination of PW-1 in 'X' case, cheque and other documents were marked. Same day it was found that the documents marked were not belongs to the 'X' case but they were belongs to case 'Y'. Actually the documents belongs to the case 'X'were pending in case 'Y'.

In the above circumstances advocate for complainant was filed two petitions one for return of marked documents and another for return of PW-1 affidavit to file appropriate case ie.case 'Y' with out mention any provisions under Cr.P.C.or any other Act.

My doubt is the above said two petitions are maintainable under law. The Court can return the marked documents and affidavit to file another case ?

AJ KR   04 July 2009 at 20:36

Cheque bounce

On 2007 July One computer seller offer me credit facility if I provide him a blank cheque. I gave him one cheque no 650583.After one year I closed all transaction with him after clearing all payments. But he did not given back the cheque. Now he is claiming I should pay Rs .50000/- on cheque no. 650583.on July 2009.During this period I used more than 75 nos cheque leaves from three series books.

The cheque he claimed is signed by me before two years. The amount is filled by him in his own hand writing.How can I Get out of this.

company worker   04 July 2009 at 19:47

stand as surity

In 138 NI act case I stand as a surity to one person.He absconded. Now court ordered me to deposit 20000 Rs ,the bond amount.I am an farmer and I could not able to remit this large amount.There is no information about accused.His relatives told in this same cheque case the complainant filed a civil suit and he purchased through auction the property belongs to accused.so actually the complainant received the money. But criminal case is still alive.I am in very pathatic condition .Please Learned experts give your valuable answer.1. Can I go for revision? 2. can I file a petition before High Court to quash it ? If not possible any one of above can I ask 3 months time to deposit the money ?

SHYAMSUNDAR   03 July 2009 at 11:11

Summons served by Reg A D.

Dear Members,
Summons of complaint filed under Sec.138 is received as refused when served through RPAD.
Neither CrPC nor N I Act contemplates service of summons through RPAD.
what shall be the Legality and Consequence of such service.
Any case laws.

Thanks in advance.

Kiran Srivastava   03 July 2009 at 11:05

Domestic Voilence

I want to file a case of domestic voilence against my husband. Can I also make party to my mother in law and sister in law as they both tortured me along with my husband.