Adv. Mohan Chandra
27 March 2009 at 14:53
The complainant is a multinational bank and I am an accused in the case u/s 138, 142 and compensation u/s 357(3). The said case will be shortly completing 4 years. The complainant representative are regularly absent during the proceedings and have been severly reprimanded by various Magistrates on many occassions but on two earlier occassions when the Magistrate were about to dismiss the case they were transfered as per routine.
During the last four hearings the complainant was absent again on the second last hearing the complainant was penalised 1000 and given a last warning and on the last hearing as the complainant witness was absent again for cross examination the cross examination has been closed by the Magistrate.
Now I would like to seek your guidance on how to proceed further.
Should I submit an application for dissmissal of the case, if so what is the procedure. In the last cross the complainant has first denied demanding blank cheques, but later agreed that blank cheques without amount and date were accepted at the time of opening the account.
Kindly note that I am pursuing this matter on my own for the last one year.
Thanking you in anticipation.
Comments Added on 28/12/2009
Sir,
Thank you for your guidance.
Magistrate has already closed the cross examination and informed the complainants advocate that the "matter would proceed further for necessary action" on next date. In view of this what is the nature of necessary action I can expect.
While in the Affidavit the complainaint has mentioned that the accused made the payment in settlement of Rs.xyz on 25/05/05 subsequently in the last cross examination the complainant witness has accepted that blank cheques were accepted prior to opening the account in June 2002 and has since failed to appear for further cross examination.
Under the above circumstances now I cannot proceed further to prove that I had no liabilities at the time of issuing the cheque infact even later.
I would very much appreciate if you will kindly guide.
JANAK GANDHI
26 March 2009 at 17:00
THE LAWYER AT IST AND 2ND STAGE DIDNOT EXHIBIT THE IMPORTANT DOCUMENTS OF ACCUSED RESULTING IN FINE AND 1 MONTH IMPRISOMENT AND A REVISION IS FILED WITH HIGH COURT.THE DOCUMENTS ARE IN THE CASE FILE AND ALSO REFERRED IN THE STATEMENT OF ACCUSED.NOW SURROUDING EVIDENCES AFTER THE ORDER ALSO PROVES BONAFIDE OF ACCUSED WRONGLY IMPLICATED.CAN U ALL HELP ME IN PROVIDING SOME CITATIONS CLAIMIMG THE REMAND OR COSIDERING THE DOCUMENTS IN THE HIGH COURT.BRIEF FACTS IF REQUIRED CAN BE SENT THRU MAIL.
hage nibo
26 March 2009 at 00:19
Hi,
Can a nationalised bank recover debt even after the expiry of limitation period of 3 years without having served any notice within the limitation period
Sukhija
25 March 2009 at 12:55
Hi
1. I want to know that if an account is in the name of a person as e.g. " Gandhi, HUF", then can a person in his individual capacity as Gandhi file a complaint u/s138? The payee will be " Gandhi, HUF", rt? not only Gandhi?
2. If Gandhi, HUF is not named as the complainant then can it be said that complaintant Mr. Gandhi has no locus standii to file complaint? what are the chances of acquittal for accused?
3. Can anyone provide citation to help accused?
Regards.
Sukhija
25 March 2009 at 12:54
Hi
1. I want to know that if an account is in the name of a person as e.g. " Gandhi, HUF", then can a person in his individual capacity as Gandhi file a complaint u/s138? The payee will be " Gandhi, HUF", rt? not only Gandhi?
2. If Gandhi, HUF is not named as the complainant then can it be said that complaintant Mr. Gandhi has no locus standii to file complaint? what are the chances of acquittal for accused?
3. Can anyone provide citation to help accused?
Regards.
Sukhija
25 March 2009 at 12:53
Hi
1. I want to know that if an account is in the name of a person as e.g. " Gandhi, HUF", then can a person in his individual capacity as Gandhi file a complaint u/s138? The payee will be " Gandhi, HUF", rt? not only Gandhi?
2. If Gandhi, HUF is not named as the complainant then can it be said that complaintant Mr. Gandhi has no locus standii to file complaint? what are the chances of acquittal for accused?
3. Can anyone provide citation to help accused?
Regards.
Jainodin shaikh
25 March 2009 at 12:37
What is the enforcement date for The Criminal Procedure (Amendment) Acth 2008?
Can anybody please clear today's possition of this new amendments?
Jitendra Raval
24 March 2009 at 15:44
I would like to share with my seniors follwing
The complainant claimed that accused issued two cheques Rs. 2 lac and Rs. 42000 on 01.08.2008 for full alleged debt.it was deposited and returned undpaid. Immediately after returned of cheques the complainant sent the legal notice to the accused without mentioning the cheque numbers in the notice. The complainat thought, the notice may be void as there was no mention of cheque numbers and did not take any action other then sending notice.
The complainant had thired cheque in his possession. Again he filled the amount Rs. 242000 dated 21.09.08 and present the cheque for payment which was returned unpaid. The notice served to the accused but not received by the accused and confirmed by the postal authorities about the wrong delivery.
The suit was filed on 01.11.08
Inlight of above facts..Please give your expert opinion about following.
1 Whether the case filed on the basis of second notice will not be time barred? As the debit is same and payment was stated to be made in full.
02. Whether first notice without cheque numbers was valid?
Address written on the notices was correct but it was written in Gujarati language and hence the error commited by the concered postman and wrongly intimated to C-103 instead of C-703
Please convery your views preferabally site the related caselaws if possible.
With regards
KANDE VENKATESH GUPTA
23 March 2009 at 16:40
Whether an individual can file complaint against the publisher who depicts women in an indecent manner in the book/pamphlet/newspaper. If so, who is the victim? Whether any of the readers/viewer of the publication can lodge the complaint before the Magistrate under the Indecent Representation of Women Act?
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Video CD exhibited in evidence
Dear All
In a crl complaint i had exhibited a CD in the preliminary evidence of complainant who recorded this,now case is fixed for arguments/consideration on summoning (whether accused may be summoned or not it has to be decided now by the cour)how i can draw the attention of the court towards the contents of the CD i.e. how can i can play/show CD before court at this stage.plz help