Member (Account Deleted)
23 February 2018 at 18:55
respected sirs in 138 ni matter i typed everything correctly ( i.e. addresses of the accused, next date of appearance, accused name, complainant name, cc no's ) except wrong court name ( i.e. lll as 111 special magistrate court) while giving paper publication u/s 82(1) crpc-- accused knows the court, jumped bail from the same lll special magistrate court - paper publication made - whether paper publication in the name of 111 instead of lll special magistrate court is defective- does AIR 1963 SC 1120 , AIR 1964 SC 1300, AIR 1976 KARNATAKA 204, AIR 1969 PATNA 181, BE OF ANY HELP-KINDLY ADVISE.
respected advocates please reply as this is a batch matter of 12 cheque bounce cases filed individually and the cost of paper publication amount will be huge and expensive,how can i avoid fresh paper publication.
SUNDER RAJAN
23 February 2018 at 10:43
Honourable Experts
I am Sunder Rajan seeking your help on matter of non payment.
With my VRS money I now own a resort on the outskirts of Thane city.
A couple of months back ( around new year) a few guests arrived at my resort for a weekend stay. They paid an advance amount of Rs 10000 for their total package of Rs 35000.
However on the day of the checkout the guests refused to pay the balance amount stating flimsy reasons to my hotel manager.
There whimsical reasons included no mobile connectivity, no hot water coming all the time which my manager explained and rectified to his best efforts.
But without listening to reason the guests created a ruckus and ran away from the resort before my manager could call the police.
The local police is not of much help as the claim it is not their lookout.
My people having the contact details called and sent emails to the guests and the guests are refusing to pay the amount citing the whimsical reasons.
As of now they have stopped taking our calls or replying on email.
I also engaged a local lawyer who sent a legal notice to the guests but they are refusing to accept the legal notice also.
What can I do to recover my money.
Please help
Sunder
Vinayaka
22 February 2018 at 12:53
the complainant's complaint is : one day he had lost his cow next day while he was searching for his cow some how he came to know that his cow had came to my agricultural field and it was eating my crop so i had tied his cow in my home, so far enquiring about his cow he came to my home along with his 4 friends and while he was enquiring about the issue with my father i came out of my home scolding him with bad words related to his religion and i hit his face from my hand. this is his complaint given to police on me and hence police have registered FIR.
now what i want to know is: do he has the right to come to my home asking about his lost cow and does this case come under atrocity act because complainant has himself came in front of my home which is 50 meters away from public road and all 50 meters is our private land and he has not given any complaint related to his cows missing and even after he came to know that i have tied his cow in my home he has not given any complaint on me and he has came to my home on his own wish, the witness he has is his 4 friends who came along with him.
Vicky Ochani
21 February 2018 at 08:52
Mala and Rahul were married in 2001 and were residing at Vijayanagar, Bangalore. However after few years their relationship got strained and were regularly quarrelling over frivolous issues. One Day, Mala left her matrimonial house with her eldest daughter Pinto and started living with her father Gopalakrishna at Jayanagar, Bangalore. Rahul kept his younger daughter, Pinkoo with his sister, Deepa and prevented Mala from seeing the child.
During a noon Mala came to Deepa's house and forcefully took Pinkoo with her. Rahul on hearing this reached Gopal Krishna's house and quarreled.
After two days of the incident, Rahul and Gopalkrishna happened to meet at a market place and started to quarrel and grappled with each other. Both fell down. In the heat of passion thus generated Gopalakrishna slapped Rahul saying he would kill him. Rahul in fit of rage took a stick lying nearby and gave a blow to the stomach of Gopalakrishna.
Gopalakrishna who was suffering from diseased spleen fell down instantly. Before dying Gopalkrishna gave his Dying Declaration regarding the fight and the knowledge of Rahul about the enlarged spleen. Rajajinagar police arrested Rahul and filed charge sheet.
Evidence was led by prosecution in the sessions Court and during trial an eyewitness stated that it was Gopalakrishna who slapped Rahul and started the fight. Trial Court relying on Dying Declaration of Gopalakrishna convicted Rahul for commission of murder and sentenced him for life imprisonment.
Rahul challenged the conviction by filing a Criminal Appeal, before the High Court of Karnataka, relying on the deposition of the eyewitness
aditya agrawal
20 February 2018 at 13:38
a complaint was given to superitentdent of police under forgery and 420 matter ,making forgery document and using it in goverment deparments....
in this complaint csp is investigation the matter ..can other party can stop investigation under 482 high court? or after f i r other party can have right to go under 482 crpc........please give ur expert opinions
Anshul
18 February 2018 at 12:21
Can an accused file an application under section 156(3), in the magistrate court, to plead for a fair investigation, before the chargesheet is filed?
Sindhu
18 February 2018 at 11:05
Hi, am Sindhu. I am 28 years old. I met a guy when I was taking Java course in Hyderabad. I am a Telugu girl and he is a Malayali guy settled in Chennai. He was my co student and used to work in the front office in the same coaching center. During lunch he was sharing his personals and I was sharing my personals. His father was sick and he is the only son. He dint have money to have food sometimes. When I got to know his situation I wanted to help him financially. I helped him what ever the way I could. Till that tie we dint have feeling towards each other. We have gone to one of my friends home there unexpectedly he kissed me and my feeling towards him have changed and I told the same to him. And I got to know that he is 7 years younger to me. After that I was busy in searching for a job. And he had to move to Chennai as his father was not well..After some days his father passed away..I went to Chennai to see him..As I still have feeling on him I tried for a job in Chennai and I got..He had a love story before me and that girl dint say ok to him. His mom knows about me and she called me to her home. I went to their home and he told me that he wants me marry me..I knew that he ll flirt with girls and I saw him saying I Love you to his friend.. I was not confident on him and told the same too him..He was keep on asking me to marry him and for 3 months I dint say anything and I told your age ll be like that you may like girls and fall for them. So better to be not getting into a relationship. One day in front of his mom he told that he wants to marry me. His mom was also okay. I said okay for him and they called my father to their home..My father came and met them he was okay with their family but he was not okay as he is a Christian we are Hindus. He asked for a physical relationship and as everyone knows and we are sure of getting married I said ok for that..And then he got an opportunity to persue his graduation in US. They dont have money for that..He and his mom askes me to take a loan and I have taken a loan of 5 lakhs without knowing my parents and started paying EMIs every month. And I helped him financially soo much. For his coaching, bank statements paying fees etc. And he applied for 7 lakhs loan, but they were asking him to show a property only then they can process his loan. He approached his Aunt who stays down to their home, she said no cos she knows if something goes wrong she ll be trouble. Finally with the help of one uncle he has got that 7 lakhs loan. Finally he went to US on Jan 2nd, 2017. He was updating each and everything till July. Then in Aug he was not responding to me properly and I asked him what happened. He said I dont have money to pay my tuition fee and am in tension so am not talking to you properly. I was also convinced..His mom called me to her house on Diwali and Christmas..I thought everything was okay..From video calls to voice calls, voice calls to text msgs, then not even responding to my msgs. I was so depressed. From Sept to Nov every month ending we used to spk and he used to say one reason to leave him..You are getting older dont wait for me go with your fathers choice..Another reason you have to change to Christian. Like this he was telling some reasons. And on Jan 6th, 2018 he msged me and told there is a Japan girl who likes me so much and I dint say anything to her but this is bothering me, I dont know what to do with you. I was so surprised to hear that from him..The very next day when I opened my laptop I found his FB credentials saved in my system and I opened his account. I was so shocked to see his chat with that Japan girl. They were already in a relationship since 3 months very deeply. And they even spoke about their marriage with their parents..I was shocked and called that Japan girl and spoke for 2 hours. She said she ll leave him. After my call she called him again and said I still love you choose me like that. He called me and said she is still loving me and wants to be with me you please leave me like that. I was irritated and asked him to say about our physical relationship. He said that to his mom. I called his mom after that, she said not to call her son and that Japan girl and asked to wait for 5 years for marriage with him. I was shocked with her words. I tried explaining to her but she is not responding to my calls and cutting the calls on my face asking to get my parents. If my father gets to know about mny and physical relationship he ll feel very bad. So I called his two auntys who knows about our relationship. Instead of knowing what his son is doing there they are asking me to leave him. And then I went to their home directly with my colleagues after finishing my office. They were speaking so shamelessly. I bought a phone, AC, cooler, paid his fees and loan etc everything. And when I say all these they are telling you are just talking about money not bout love..And his mom was telling me he is a guy he ll do like that you wait for 5 years. They are just telling that my son will not do like this you are only playing..His mom aunts are speaking very badly about me now..I asked them for marriage and they are saying my son is not interested in you now..They are not even accepting their mistake. I cant leave them..I want him to come back to India and marry me..Please suggest me what case I can file..He promised me on his mom and said he ll marry me and he kept a ring in front of his god and said he ll marry me..Now a relationship with another girl..If he breaks up with me and go for another girl is at least good o hear, but just cos he liked a girl there and wants to break up with me. Will a human do this ? His mom not even trying to know wat he did to me.. Please help me..
Kavindra
18 February 2018 at 11:04
I want arrest of criminals who have been chargesheeted in two cases both u/s 419/420/447/506 IPC. I feel threatened from them. But UP Police says no arrest possible in these sections unless court orders. Ask ANY LAWYER, don't believe us. How correct is he? Please explain. Do police have no rights to arrest criminals chargesheeted in 419/420/447/506 case without court order? The facts of this case is that there are two pieces of land which I co-own with the criminals as per papers. One piece they have sold (including my share) claiming to own the entire land in registration papers, while on the other piece of the joint property they have erected buildings & boundary wall. After accessing the records & inspecting the spot, they chargesheeted the accused but dropped IPC 467/468 & refuse to arrest them after accepting bribes.
Anonymous
17 February 2018 at 21:50
I am an Indian working in Dubai. I am one of the accused in a false criminal case 504/34 and claimed that I called over the phone and threatened him. The judge has issued non bailable warrant. I have never received summon as I am outside India. I came to know thru co-accused.The person who filed complaint didn't provide basic info such as date /time of the call and didn't produce any proof except a false witness. I never called. The intent here is to harm me financially.
- Has court followed proper procedure to issue warrant against non resident indian? are they supposed to issue summon thru external affairs ministry first? What legal steps I should take now from outside India?
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Dedective proclamation u/s 82(1) crpc
respected sir with all due respect to you and all advocates i am myself advocate in these batch cases filed u/s 138 of ni act. sir by inadvertence oversight and lack of computer knowledge i myself filed process in the court, as per Form no. 4 (second schedule) of crpc, as 111 special magistrate court instead of lll special magistrate court. also the section without checking the discrepancy ( i.e;111 special magistrate court ) issued me process u/s 82(1) crpc for paper publication. the paper publication is made in vernacular newspaper as per court's order and filed in court. now as the court knows the discrepancy ( i.e;111 special magistrate court instead of lll special magistrate court ) it has posted the matter for orders and, objections if any. the accused did not appear on the day of filing paper publication in court. also the accused knows the correct court no., jumped bail from the same court no., and is aware of cc no's.
now 1. whether typing 111 special magistrate court instead of lll special magistrate court make the paper publication defective?
2. while giving paper publication u/s 82(1) of crpc in vernacular newspasper through court's order , i have only filed (copied) process as per Form no. 4 (second schedule ) and not typed "as per courts order" and "sd/-" above magistrate.?
3. whether AIR 1963 SC 1120, AIR 1964 SC 1300, AIR 1969 PAT 181, AIR 1976 KARNATAKA 204 BE OF ANY HELP? WANT TO AVOID FRESH PAPER PUBLICATION?
PLEASE ADVISE AS THE MATTER IS POSTED ON 28-02-2018 FOR ORDERS.URGENT.