sneha gupta
08 January 2018 at 12:08
Experts, my spouse has got interim bail against FIR in S498a which is allowed in usual circumstances as per new SC orders, but he has now applied for cancellation of FIR u/s482 CPC in HC. Please tell how to defend it, since cancellation of FIR will my case very weak. Also while he was in interim bail he is blackmailing me to take back case, therefore what grounds should i make to keep this report before the court? and file petition to cancel the bail.
Yogesh
07 January 2018 at 21:11
Hi
My Cheque Bounce Case Summary:
One of my friend took 2Lakhs money from me. He showed one property (site 30X40) and told me that he’ll buy that for me(as a mediator) . As he is my friend I believed him and gave 2 Lakh but later he didn’t buy it. He cheated me. He used my money for himself and after asking he gave me two post dated cheques which are get bounced later. Now I lodged only criminal case/compliant (civil case didn't put, because my lawyer cheated me, he didn't tel/guide ) against him in court. If he ready to go jail also. how can i get my money back? Please help
Hi, Judgement came as
cheque 1 : "The accused is sentenced to pay fine of RS. 1,45,000 /- and in default to undergo SI for 9 months. Out of fine amount RS.1,44,000 /- shall be paid to the complaint as compensation U/s 357 Cr.P.C. The fine amount shall be recovered from the accused personally and from his estate".
cheque 2 : "The accused is sentenced to pay fine of RS. 35,000 /- and in default to undergo SI for 9 months. Out of fine amount RS.34,000 /- shall be paid to the complaint as compensation U/s 357 Cr.P.C. The fine amount shall be recovered from the accused personally and from his estate".
Questions:
1. will total simple imprisonment become 9 + 9 = 18 months or it is 9 months only?
2. I did not filed civil case/suit earlier (Actually, my lawyer cheated me he didn't told me that we need to file civil case also. so i didn't file.) . Now after judgement if convict go to prison. then how can i recover my compensation amount?
3. will it benefit, if i go appeal in session court regarding increasing punishment/imprisonment
4. what should be my next step?
Please anyone suggest me.
Mr Sreejit
07 January 2018 at 13:30
1. In Oct 2013, a crime of (a) Illegal Criminal Trespass committed at the House of complainant/Landlady when she was entering her house, (b) Criminal Intimidation (threat to murder) and (c) Wrongful Restraint made to her.
2. She went to local PS and deposited a written complaint and also showed to the Officials including a Lady Officer, the mobile photo/video she took at the time of trespass by the 'men' of the offender. She wanted the PS to arrest the offender as he is an accused in an earlier case with the same complainant and under bail.
3. The bail terms states that he cannot threat or cause any sort of trouble to her.
4. PS harassed the lady complainant even at late hours (from 6:30 pm to 8:30 pm) and ultimately denied to lodge complaint.
5. Aggrieved by this she spoke to ACP of her jurisdiction, who guided her to deposit the same at DCP's office (the ACP is attached to the DCP of this jurisdiction).
6. She ran to the Dc office and deposited the complaint at about 8:50 pm. As the situation is beyond control and threat to her life she discontinued staying in her own house and stayed elsewhere.
7. She visited the DCP's office to enquire of the status of her complaint. As no proper response given, she gave a reminder of the earlier complaint letter and also intimated her new address where she requested to give intimation of FIR or GD details made on her complaint.
8. Meanwhile the offender had taken a different 'awatar' and made a malicious civil suit with fake and fabricated documents, and obtained exparty order of i junction and the land lady is contesting eversince. ( Pathetically, It is still in 'Hearing Injunction Petition stage'..!!). NEVERTHELESS, the local PS had done a lote of hardwork, manipulation, favour in 'installing' such a malicious and vexacious case.
8. She made a complaint of the incident at NHRC portal in 2017 about the Oct 2013 incident. In reply to it the Commissioner of Police replied on 3/1/2018 that the PS booked an FIR two days after the reported date of incident of crime and submitted FRT (FINAL REPORT) the next year. FRT date not mentioned in the report.
9. This fact of CONCEALED FIR AND FRT SHOCKED THE VICTIM.
10. Inspite of intimating the new communication address she was kept in dark about the whole criminal process. Her RIGHT TO JUSTICE, OPPORTUNITY TO PROSECUTE HER CASE was denied.
QUERY:
1. What is the Legal Remedy available right now?
i
2. Due to this hidded legal process she was not able to produce her evidenc in court.
What can be done at this point of time for
1. ARREST AND PUNISHMENT OF THE OFFENDER AS HE VIOLATED THE BAIL TERMS ?
2. ACTION ON OFFICIALS FOR NOT TAKING LAWFUL ACTION (BOOKING FIR AND INVESTIGATION UPON IT AT THE TIME COMPLAINT LETTER WAS TENDERED)
3. CAN REFERRING THE CASE OF (Crl.) 68 of 2008 in Lalit Kumar V. Govt. of U. P. BE OF ADVANTAGE?
2. TRUE, FAIR AND QUICK RE-INVESTIGATION ( actually no previous investigation happened at all.)
3. QUASHING THE CIVIL SUIT WHICH IS LYING ON THE FALSE AFFIDAVIT AND SUBMISSIONS FOR WHICH CRIMINAL CASE IS THE BASE?
PLEASE NOTE : This is a real case, not academic or fictitious, I request the eminent Experts and Legal Fraternity members to kindly spare some time and give a suitable solution so that justice be given to a victim lady. The Land Lady is the Legal Owner and Letter of Administration Holder, which is issued by the Chief of the District Court , under one of who's bench the malicious civil suit is STILL RUNNING.
Mr Sreejit
07 January 2018 at 13:28
1. In Oct 2013, a crime of (a) Illegal Criminal Trespass committed at the House of complainant/Landlady when she was entering her house, (b) Criminal Intimidation (threat to murder) and (c) Wrongful Restraint made to her.
2. She went to local PS and deposited a written complaint and also showed to the Officials including a Lady Officer, the mobile photo/video she took at the time of trespass by the 'men' of the offender. She wanted the PS to arrest the offender as he is an accused in an earlier case with the same complainant and under bail.
3. The bail terms states that he cannot threat or cause any sort of trouble to her.
4. PS harassed the lady complainant even at late hours (from 6:30 pm to 8:30 pm) and ultimately denied to lodge complaint.
5. Aggrieved by this she spoke to ACP of her jurisdiction, who guided her to deposit the same at DCP's office (the ACP is attached to the DCP of this jurisdiction).
6. She ran to the Dc office and deposited the complaint at about 8:50 pm. As the situation is beyond control and threat to her life she discontinued staying in her own house and stayed elsewhere.
7. She visited the DCP's office to enquire of the status of her complaint. As no proper response given, she gave a reminder of the earlier complaint letter and also intimated her new address where she requested to give intimation of FIR or GD details made on her complaint.
8. Meanwhile the offender had taken a different 'awatar' and made a malicious civil suit with fake and fabricated documents, and obtained exparty order of i junction and the land lady is contesting eversince. ( Pathetically, It is still in 'Hearing Injunction Petition stage'..!!). NEVERTHELESS, the local PS had done a lote of hardwork, manipulation, favour in 'installing' such a malicious and vexacious case.
8. She made a complaint of the incident at NHRC portal in 2017 about the Oct 2013 incident. In reply to it the Commissioner of Police replied on 3/1/2018 that the PS booked an FIR two days after the reported date of incident of crime and submitted FRT (FINAL REPORT) the next year. FRT date not mentioned in the report.
9. This fact of CONCEALED FIR AND FRT SHOCKED THE VICTIM.
10. Inspite of intimating the new communication address she was kept in dark about the whole criminal process. Her RIGHT TO JUSTICE, OPPORTUNITY TO PROSECUTE HER CASE was denied.
QUERY:
1. What is the Legal Remedy available right now?
i
2. Due to this hidded legal process she was not able to produce her evidenc in court.
What can be done at this point of time for
1. ARREST AND PUNISHMENT OF THE OFFENDER AS HE VIOLATED THE BAIL TERMS ?
2. ACTION ON OFFICIALS FOR NOT TAKING LAWFUL ACTION (BOOKING FIR AND INVESTIGATION UPON IT AT THE TIME COMPLAINT LETTER WAS TENDERED)
3. CAN REFERRING THE CASE OF (Crl.) 68 of 2008 in Lalit Kumar V. Govt. of U. P. BE OF ADVANTAGE?
2. TRUE, FAIR AND QUICK RE-INVESTIGATION ( actually no previous investigation happened at all.)
3. QUASHING THE CIVIL SUIT WHICH IS LYING ON THE FALSE AFFIDAVIT AND SUBMISSIONS FOR WHICH CRIMINAL CASE IS THE BASE?
PLEASE NOTE : This is a real case, not academic or fictitious, I request the eminent Experts and Legal Fraternity members to kindly spare some time and give a suitable solution so that justice be given to a victim lady. The Land Lady is the Legal Owner and Letter of Admiistration Holder, which is issued by the Chief of the District Court , under one of who's bench the malicious civil suit is STILL RUNNING.
Anonymous
07 January 2018 at 06:56
In a criminal case, what process court has to follow to issue summon to the defendant? Court has issued summons and no authority made attempts to reach to defendant. Defendant didn't even know about the case.Then,court issued a NBW. What are the rights of defendant in such situation? What documents defendant can ask the court/appropriate authorial to show proof of attempts to deliver the summons? what is the process to issue summon if defendant is in another jurisdiction than jurisdiction court is in. Thank you
Abdul Karim Shaikh
06 January 2018 at 20:42
Hi,
I was found guilty under IPC 380 of picking up a mobile phone from a shop. I had done this under severe financial stress as I was depressed. The phone has been handed back to the Shop and the shop has also claimed for insurance. I am out on bail now. I have now reached on a compromise with the Shop owner and he is ready to withdraw the case from the court and also the police station.
Could you please guide me as to how the shop owner can withdraw the case from court and police station?
Also I believe there is a Court hearing some time this month, however I don't intend on going to Court for the hearing. Could you please let me know what would be the consequences if I don't go for the hearing.
Thanks for your help.
Anonymous
06 January 2018 at 19:08
My big brother is having 498A case and he is Accused No:4. He took anticipatory bail from high court also.
Right now, Case is running in the court. He applied for renewal of the passport for further studies last month, but passport is rejected as they checked criminal records because of 498A case is still pending.
Shall he need to wait till case is closed?
What if judgement comes as convicted after waiting for some years?
Anonymous
06 January 2018 at 16:45
I want to.apply for a fresh passport for one of my family members against whom there is a 498a case pending. He has been falsely accused and the entire case is false. He is the 3rd accused and the case is undergoing multiple hearings from last 5 years. The applicant is a senior citizen and had applied for anticipatory bail, which was granted.
We now want to apply to a fresh passport for him to travel abroad with me , but wanted to check if he will be issued a passport. If not, request you to suggest a work around/ solution to get the passport issued.
Vipul singh
06 January 2018 at 14:34
Case has been registered under section 138 and 420 against me in August 2016.
Out of fear..I left home and m absconding since then. I don't have a penny to repay nor to take legal assistance.
My parents and my younger sister live in the flat jointly owned in my and my sister's name.
Since I am jobless since 3 years..my sister pays the emi.
The complainant is in contact with me and is saying that running will not be solution.he is not showing any mercy
What are ways available to me. I miss my parents and I want to start my life again.
I was employed with Bank Of Baroda as officer... circumstances brought me here.
Help please
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