Anonymous
03 October 2022 at 16:12
Dear Sir
My daughter had failed in 2 subjects in her Professional University examination of 2nd year by few marks. I was approached by an agent who promised me to get her passed. I gave approx 2 lacs to that agent who promised me to get her passed in rechecking process. He could not get my daughter passed and also did not return my money. On rigorous follow up he gave me a cheque of his proprietorship firm which got bounced just a day back.
Can I file case against him under section 138 of NI Act related to cheque bouncing.
Will the purpose for which the initial money was given be a factor that can go against me in this case . Please suggest.
Thanks
Suraj Katiyar
02 October 2022 at 15:35
1) Before my marriage my wife and in-laws obtained income certificate from Revenue dept wherein it is mentioned that their annual family income is 48000/- in 2019 without disclosing her unmarried brother's income who is a registered worker in a private company.
2 )After marriage my wife obtained income certificate from Revenue dept wherein it is mentioned that her family income is 60000/- in 2021 without disclosing about her marriage.
3) Since soon after marriage in march 2020 when I came to know about this fraud of my in laws , I resist my wife from using it in college for scholar and talked to her father. She started to threaten us for false dowry cases. After 6 months she had filed FIR of 498a on my entire family, relatives including neighbours.
4)After that I complained to concerned Revenue Officials and they cancelled both the income certificates with remarks of issued on wrong facts.
5) Now when I complaining to concerned police DSP . He is submitting report that an FIR has already filed against the complainant by the opposite party so the complaint is given to create pressure on opposite party and trying for cross case.
Preparing and using false income certificate by concealing material facts is not a crime ?
Police also says that you don't have any locus to complain about this matter while my in laws claiming that they have given 25 lacs rupees cash as dowry in my marriage.
What can I do now for registration of FIR in this matter ?
Anonymous
01 October 2022 at 22:01
In a cheque bounce case, the complainant is cross examined by the lawyer of accused. During cross examination the lawyer asked a question from the legal notice sent by the complainant. In the legal notice the complainant has mentioned that he gave money to accused by pledging the car of accused. During cross examination of complainant, lawyer asked him that did you pledge his car and gave money?. He answered to the judge that he didn't pledge any car. Lawyer said that it's mentioned in his legal notice. He said that his lawyer wrongly typed like that. In his legal notice it's mentioned that he gave loan on 03.03.2021. But during cross examination he told he gave me money on November 2019. When asked he told that his lawyer typed wrongly like that.
My doubt is whether a complainant can contradict the details present in his own legal notice.?
What will be the court reaction upon this?
Pls guide me.
Anonymous
01 October 2022 at 11:50
HEELO,
I AM KAMARUDDIN ALI, FROM GUWAHATI, AND WORKING WITH AN IT COMPANY, NOW MY COMPANY IS ASKING ME TO VISIT DHAKA, BANGLADESH, FOR THE EXPANSION OF OUR BUSINESS, WHICH IS NOT POSSIBLE WITH AN INVALID/IMPOUNDED PASSPORT, AS I HAVE ALREADY TWO CASES ARE PENDING IN GUWAHATI CJM COURT, ONE OF THEM IS ALMOST GOING TO END, AS IT'S ON ARGUMENTAL STAGE, SO, NOW, MY CONCERN IS WHETHER WILL I GET MY PASSPORT BACK? PLEASE ADVICE ME WHAT I SUPPOSED TO DO AND HOW TO GET MY PASSPORT BACK WOULD BE REALLY APPRECIATED THANK YOU.
Advocate Abhijeet singh
24 September 2022 at 20:05
Respected sir,
my query is following, plz give best suggestion:
1. I have sent a legal notice to accused under section 138 NI act and due to some typically error the name of accused affixed wrong.
2. That when we knew mistake then we imminently re bounce the same cheque and again sent the legal notice to accused .
3. that the complaint under section 138 NI act also filed during the time period and also mentioned in the complaint that the one notice also sent under typically error with wrong name.
4. That thereafter the concerned court issued the bailable warrant against the accused and accused appeared and got the bail from concerned JMIC.
that my now accused filed a appeal against the order of JMIC towards the warrant of accused that on the ground that the same complaint is liable to dismiss because the complaint not filed between the stipulated period and accused took plea that complaint filed period should be start from the first legal notice.
now plz tell how we will defend this ground .
thanks
abhijeet soni
Anonymous
22 September 2022 at 10:16
respected experts,
I am accused no.3 in a case, and an FIR is registered against me under section 201 of IPC, I am going to court on every single date I get by the court, but accused no 1 does not appear and there is no charge framed against me, I want to get rid of the trials soon please suggest me any provision for separate trial or charge or how can I soon dispense the case against me, my advocate is not loyal towards me so please suggest me what can be done.
BRIGADIER RM SHARMA
20 September 2022 at 10:33
Dear Sir,
During my service in Army I was gifted swords and Khukhri by various Gurudwaras and units as mementoes. These are seven in number. These are NOT sharpened. After retirement I have settled down at Gurgaon.
During service I used to display these. Now after retirement can I keep and display these swords at my house?
Thanks and regards
K K S V SOMESWAR
19 September 2022 at 18:22
A criminal case was filed againt B on 30.6.2021 u/s 507 IPC. The case was posted on 28.10.2022 in criminal court. A quash petition was filed by advocate of B on 18.4.2022 in High Court. It came for hearing on 13.6.2022 and the Honorable justice gave an order to issue a notice to the respondent and also allowed B to attend for trial only when necessary. The notice was served on respondent but was returned due to door locked. After 13.6.2022 the case has not come on bench so far and also doubt of getting stay or quash before 28.10.2022. can a petition be filed in trial court to postpone trial till quash petition is cleared ??
Anonymous
14 September 2022 at 22:58
We are in a peculiar situation where, in a Criminal Revision clubbed with a Criminal Appeal pending before the High Court, the advocate for complainant (opposite side) has become the Advocate General (AG). The said advocate had also appeared for the complainants in other petitions, connected with this case.
Earlier the said advocate (before becoming the AG) could not appear in the appeal, as the case is against the state, and he could only appear in the Criminal Revision, filed by the complainants, which is clubbed with the appeal.
Now considering the said advocate has become the Advocate General, the complainants have gotten an advantage and the said advocate can even appear in the Criminal Appeal, although for the state, but this will benefit the complainants. Furthermore, since all the subordinates in the AG office also report to the said advocate now, even if any of them appears for the state, it will again benefit the complainants.
• Can we request the High Court to have the state appoint an independent advocate, considering the above situation? Should we file an application in this regard?
It has come to my knowledge that in some cases, the state is being represented by independent advocates, perhaps for other reasons. Please help.
Sorry for being anonymous, but it is important.
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Cheque bounce case
In a cheque bounce case, the complainant threatened me and took the blank cheque with signature from me along with signature in blank stamp paper. Before he presented the cheque I made stop payment of cheque and filed a police complaint on him. If I take a plea in court that the complainant threatened me and took the cheque and bounced it will the court accept it?