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sitaraman   15 April 2008 at 21:15

Cheque Dishonour

Respected sir,
I want to know the cheque dishonour law about some clarificiations. My brother gave 5 cheques to a financier for my family debt.
all are registered debt for 5 times total amount of 4 lacks. My brother gave him 5 cheques for only security. Financier registered a sale deed for his wife name our 15 lacks property and the same date he registered a power of attorney in his name. All our family members signed both documents.After 1 year he misuse the power of attorney and transfer our property to his wife name. When we try to settle his debt he announced that everything was over. and threatened to send my brother to jail for 2 years. We cancelled our power of attorney and suit a civil file against him. So he got angry and filed a criminal case against my brother. For the past 4 years we are struggling in the court. The judgement date is coming very near. We are afraid that our case will get failure? Our 5 cheques are date barred cheques. 3cheques we gave him without mention the date. So he filled up 3 cheque with the same date.and another 2 cheques he stricked out and forgery sign like my brother.5 cheques are the same date and he make it bounced and suit a file.
please suggest me what will I do?

I want to say some details about this case.
Our lawyers send the forgery signed cheques to experts opinion to Chennai. But within a month result came. Everyone wonders that the result is against us. Even a small child can easily say that there is a difference in the signature. But How the experts in Chennai gave such a result support to the financier?
point 1 ---The financier registered the same date power of attorney and the sales deed of my mother property to his wife name.

point 2--- He didnot give the accounts to us (property sale regarding)still now.according to the rules of power of attorney.

point 3---He sold our property to his wife just 4 lacks(Real market value 15 lacks) he reduce the amount of register expenses also giving money to register officers.

We got sucess in getting postion of the property.Tempory injection in favour of us.

But 4 years my brother attending the court as a criminal. we can't tolerate this. Please suggest me what will I do? How can I prove the judge my civil suit and financier criminal suit are same. To wait until civil suit verdict and stop the proceeding of cheque case.

neeraj   14 April 2008 at 18:37

S.H.O. who do not register a F.I.R. is found guilty or not


Often we read in national dailies that Supreme Court of India give directions to register a F.I.R. of the cognizable offence. But if a S.H.O. does not obey the orders. Is this a Contempt of Court? If it is can we file a writ petition before the Hon'ble High Court to give directions to register a case against the concerned S.H.O.. One thing more that even if the matter between the two opposite parties has been settled. My question is the offence made by the concerned S.H.O. stands or not by not registering a F.I.R. after receiving the information.
The party has sufficient material to prove that the S.H.O. got the information. Even the party complaint to the higher authorities against the S.H.O. for not registering the F.I.R. and told the authorities for his active connivance with the other party. But after few days the higher authorities of the police department resolved the matter between the two parties. But my question remains stand that whether the S.H.O. who do not register a F.I.R. is found guilty or not. What necessary action can be taken against the said S.H.O. so that he may not repeat the mistake.

VIKAS GARG   12 April 2008 at 23:57

CRIMINAL PROCEDURE

Could any body explain section 170 of the code of criminal procedure 1973?

neeraj   12 April 2008 at 20:53

not registering a F.I.R.

A PHYSICALLY ASSAULT BY SOME PERSON. THE INJURED ADMITTED TO HOSPITAL. MEDICAL LEGAL REPORT MADE BY THE HOSPITAL CONCERNED AUTHORITIES. S.H.O. WAS INFORMED IMMEDIATELY. PROVES ARE THERE. BUT NO F.I.R. REGISTERED. WENT TO S.S.P. THE S.S.P MARKED ENQUIRY. THE I.O S.P IS UNDER INFLUENCE OF THE ACCUSED PARTY. INJURY REPORT MADE BY DOCTOR IS GREVIOUS. TELL THE REMEDY. SOMEBODY SUGGEST TO FILE A COMPLAINT CASE IN THE COURT. BUT IT SEEMS HARRASSMENT TO THE COMPLAINANT HIMSELF. SOMEBODY TOLD THAT GO TO HIGH COURT. BUT IN THE PAST IT HAD BEEN SEEN THAT HIGH COURT AGAIN ORDER AN INQUIRY TO THE POLICE. ULTIMATELY NO RESULT. PLEASE TELL ME THE REMEDY.

sampoorna   05 April 2008 at 22:20

can sec439(2) is worthabel my father-in-law who is voilating the bail?

respected sir, thank u for your valubel sugestion regarding the section.sit already given my query regarding my husband on whom the N.B.W is pending he is in custody of my fathher-in-law.my husband is very much availbel in india but father-in-law had given an affadiviti to bar cousil that his son is in u.s.a .he is working over there on behalf of his son he sizned on vakalth nama which is filed for bail of my husband.when polise issued him a letter asking him the address of u.s.a he gave a replay that he had no knowledge of his son.while court granting bail to my father-in-law court had given a direction that he should suppot polise for investigation. but here he is not sopporting polise to exquete the n.b.w. and he is giving two versions.he tried for bail to his son by cheating stating that his is son is in u.s.a. who is very much availabel in india under his custody.sir.i wannt to send a few documents foe your kind persual. on which email id i should send it.since my father-in-law is bvoilating the condition of bail. can i out a bail cancelation?

thanking you,
sampoorna

sampoorna   03 April 2008 at 22:36

a query for how to relise an N.B.W person from the custody of his father

respected sir/madam


for what provision the section 439(2)of crpc is maintionbel. pls provide me the provisions of those section.is it be usedfor cancilation of bail

thanking you
sampoorna

sampoorna   02 April 2008 at 13:22

how to put the case on graviance cellof IGP ?

respected sir,

is there any different cell of IGP?
where i can give a complaint to concern SP.pls kindly explain how to give a complaint to the SP ? should i produce all documents to the SP which iam having to show the guilty of my father-in-law (A2).i lodged a complaint in women police station begumpat an N.B.W is pending on my husband in that police grounds. to which SP i should approach?

thanking you
sampoorna

sampoorna   01 April 2008 at 16:26

how to relise a person on whon an N.B.W is pending ffrom the custody of his fathear?

Respected sir
This is to bring notice iam p.padmavathiw/o p. kishore on whom a non-boilable werent is pending on cc no 473 in 13th additional metropoltician court nampally from dec 2005 to till date. I have lodged a complaint on my-in-laws and my husband in begum pat women police station in the yaer of 2005.my in-laws took an antispatory bail.due to my husband upscanding police shown my husband as upscanding and filed a charge sheet in the court.the honourabel court had please to issue a non-bailabel warrant on p.kishore thay had issued a letter to to consulate general of sanfransico to impound kishore passport. .after that I tried to find the details of my husband through emails from employment of my husband and consulate general they cleared that kishore left u.s.a on may 23rd 2006 to his parents place India and his passport had been impounded and his visa is terminated by u.s.a govt.after getting those email I along with police north zone went to my in-laws place they cleared to police that they have no information of their son.but,in the month of june 22nd 2006 an advocate by name jogram tejovath who is legal counsil for my in-laws .had filed a bail pitition on p.kishore name stating that p.kishore s/o p.madan mohan presently staying in u.s.a .in 13th addl metropoltician court.but it was dismissed by the court on the same day.in petition he made all false allegations on me which are purely defamatory. The vakalth nama which is filed for kishore bail pititionis sizned by p.madn mohan who is A2 in the ccno 473 in nampally court and father of A1. .there is no embassy stamping or any affadivitti given by kishore to lawyer or to p.madan mohan. I lodeged a complaint in the Barcounsil of andhrapradesh on oct 1 2007 questioning the advocate on whose instructions he made those allegations the legal counsel in his return comment ments he filed a affidavit of madan mohan father of kishore stating that he is the father of p.kishore his son is in u.s.a and his son deputed him for signature on vakalath nama. After getting those papers I approached police north zone for help they had issued a letter too madan mohan to furnish u.s.a address of his son but in replay letter he said that he had disclosed all the affairs from his son fro 2005 and he had no knowledge of his son from that day. am ready to send all the emails and affidavit and police repaly letter for perusal of honour.p.madan mohan is playing and misguiding the court and police department. Police are telling that they cannot help me in this matter because madan mohan already had bail on 498 case.i approached a legal counsel by name suresh bodge he filed a petition wpsrno 5031 habeas corus under art 226 of counstution in the high court praying for directing to respondent 1 to 3(polise department) to produce kishore. but it is dismissed on 11 march by the court stating that my petition does not maintainable for habeas corpus My husband kishore is in the custody of my father in-law in order to avoid arrest madan mohan tried for bail.statting that kishore is in u.s.a bu t it is dismissed by the court on the same day. and in affadivitii he stated that kishore is in u.s.a but in the repaly letter to police he stated that he have no information of his son from 2005.he disclosed all the affairs with his son. All the email are cleared that kishore is in India.Pls kindly guide me how to relise my husband from p.madan mohan .since kishore is the A1 in ccno473 in the 13th additional court.because of his non appearance till date all my cases are pending from 3 years for this iam bearing a great loss pls kindly refer my matter and guide me how can I get a court order to relese my husband from p.madan mohan.. who is using his bail as weapon for not producing kishore in the courtThanking you,p.padmavathiplot no 60/a,k.r nagar colonynewbowenpally.Ph no 9849145792

pls kindly guide me iam ready to send all the copies for your kind persual on your email id. pls send me your emailaddress

sampoorna   01 April 2008 at 16:08

how to relise a person on whom a N-B-W is pending from the custody of his fathear?

Respected sir

This is to bring notice iam p.padmavathiw/o p. kishore on whom a non-boilable werent is pending on cc no 473 in 13th additional metropoltician court nampally from dec 2005 to till date. I have lodged a complaint on my-in-laws and my husband in begum pat women police station in the yaer of 2005.my in-laws took an antispatory bail.due to my husband upscanding police shown my husband as upscanding and filed a charge sheet in the court.the honourabel court had please to issue a non-bailabel warrant on p.kishore thay had issued a letter to to consulate general of sanfransico to impound kishore passport. .after that I tried to find the details of my husband through emails from employment of my husband and consulate general they cleared that kishore left u.s.a on may 23rd 2006 to his parents place India and his passport had been impounded and his visa is terminated by u.s.a govt.after getting those email I along with police north zone went to my in-laws place they cleared to police that they have no information of their son.but,in the month of june 22nd 2006 an advocate by name jogram tejovath who is legal counsil for my in-laws .had filed a bail pitition on p.kishore name stating that p.kishore s/o p.madan mohan presently staying in u.s.a .in 13th addl metropoltician court.but it was dismissed by the court on the same day.in petition he made all false allegations on me which are purely defamatory. The vakalth nama which is filed for kishore bail pititionis sizned by p.madn mohan who is A2 in the ccno 473 in nampally court and father of A1. .there is no embassy stamping or any affadivitti given by kishore to lawyer or to p.madan mohan. I lodeged a complaint in the Barcounsil of andhrapradesh on oct 1 2007 questioning the advocate on whose instructions he made those allegations the legal counsel in his return comment ments he filed a affidavit of madan mohan father of kishore stating that he is the father of p.kishore his son is in u.s.a and his son deputed him for signature on vakalath nama. After getting those papers I approached police north zone for help they had issued a letter too madan mohan to furnish u.s.a address of his son but in replay letter he said that he had disclosed all the affairs from his son fro 2005 and he had no knowledge of his son from that day. am ready to send all the emails and affidavit and police repaly letter for perusal of honour.p.madan mohan is playing and misguiding the court and police department. Police are telling that they cannot help me in this matter because madan mohan already had bail on 498 case.i approached a legal counsel by name suresh bodge he filed a petition wpsrno 5031 habeas corus under art 226 of counstution in the high court praying for directing to respondent 1 to 3(polise department) to produce kishore. but it is dismissed on 11 march by the court stating that my petition does not maintainable for habeas corpus

My husband kishore is in the custody of my father in-law in order to avoid arrest madan mohan tried for bail.statting that kishore is in u.s.a bu t it is dismissed by the court on the same day. and in affadivitii he stated that kishore is in u.s.a but in the repaly letter to police he stated that he have no information of his son from 2005.he disclosed all the affairs with his son. All the email are cleared that kishore is in India.

Pls kindly guide me how to relise my husband from p.madan mohan .since kishore is the A1 in ccno473 in the 13th additional court.because of his non appearance till date all my cases are pending from 3 years for this iam bearing a great loss pls kindly refer my matter and guide me how can I get a court order to relese my husband from p.madan mohan.. who is using his bail as weapon for not producing kishore in the court
Thanking you,

TSBehera   31 March 2008 at 10:50

Police In action/Non filing of FIR

I had gone to a police station on 2.6.2007 on a complaint on offences of Criminal Force ,assault and criminal intimidation coupled with forgery for the purpose of cheating.

I had taken two copies of complaint in writing ,one for giving to police station and other for taking acknowledgement from the PS.

The OIC refused to give acknowledgement on the copy of complaint and FIR U/S 154 of Cr.PC 1973 not registered by him ,however diary no was given orally.

Copy of complaint sent to SP by Regd.Post stating the facts.

Complaint case lodged on 6.6.2007 for offences stated (except for forgeries for which conclusive evidence was lacking,) with the Magistrate,but the Magistrate had asked for Police report u/s 210 of Cr.PC 1973 and the Police has not given report to Magistrate till now i.e even after 9 months .I have attended court in 6 dates so far and Magistrate is not taking cognizance of offence on want of police report.It has given two reminders to Police ,but police has so far not given its report .In fact it has yet to start enquiry.

In the mean evidence conclusive was gathered for the offence of forgeries too and another complaint case with other accused filed on 3.3.2008.Magistrate did not take cognisance or initiated 202 enquiry,but sent the compliant to Police Station u/s 156(3) of Cr.PC 1973 for investigation with a direction to register a GR Case.

Police is inactive even now.I have asked actions by police through RTI Act,bot no informations received so far and I have filed a third application leaving appeals etc.

I attend court in person who stays 1200kms away.I did not like to deploy advocate as I fear they (accused) shall horse trade them!I have bad experience of them in pasts too.

Kindly advise What to do?Visiting courts every month too travelling 1200 kms only getting dates as police is not giving report nor Magistrate is initiating 202 inquiry for taking cognisance!it is troublesome for me to think just to forget, that the accused wants or they are managing being influancials!

I have read law with related data bases judgements etc but not a LLB.

Kindly advise