Anonymous
17 May 2022 at 13:27
In IPC 338 is a compoundable offence with the permission of court (what I read from internet).
Also the punishment is 2 years or fine or both.
I am on station bail now and i was said that i would need to go to court till i get conviction or acquittal.
What if the complainant and injured are not ready to settle the case out side the court as we have third party insurance covered for the vehicle.
1. If the court convicts me and awards any imprisonment, what should i do?
2. If the appellate court and high court also confirms the lower court judgement, do I need to suffer 3. the punishment awarded by the court or law ?
what can I do here ?
Sadanand bhisaji Panchal
16 May 2022 at 11:19
Respected Experts,
In 2015 Police registered false FIR against me U/s. 326 and 506 if IPC on complaint of lady known to me. On information, I obtained certified copy of FIR from Magistrate Court where date of offence was 08/08/2015. I filed Criminal Writ Petition in the Hon’ble Bombay High Court praying for quashing the FIR. After about 2.5 years, investigating officer filed charge sheet in the court and one copy tendered to me. In the FIR annexed to the charge sheet I found that the date of offence was altered from 08/08/2015 to 08/09/2015 by using whitener and also there found other fabrications. My Writ Petition is pending in High Court where Xerox of original FIR is relied. When I made Application under RTI to the Police Station, the Public Information Officer informed me in writing that the FIR Book containing original FIR is not available.
I do not know what to do. Kindly inform me as under:
1) Which FIR is reliable among dated 08/08/2015 and dated 08/09/2015?
2) Whether my Writ Petition become infructuous because of change in date of offence?
3) Which procedure to be followed in this case for quashing the FIR and to take action against the concerned Police officials who registered false FIR and then destroyed FIR Book?
Thanking You,
Sadanand Panchal
Anonymous
14 May 2022 at 20:16
If multiple witnesses changes the statement in the court which is completely different from chargesheet, does court consider them as admissible.
In the chargesheet, i see below.
Witness 1 said the crime occurred at 2 AM
witness 2 said the crime occurred at 2 AM
witness 3 said the crime occurred at 2 PM
witness 4 said the crime occurred at 2 PM.
Now if the witness 3 and 4 say that it is 2 AM does the court permits these statements as they are deviated from witness statements recorded by police during chargesheet?
Narayanan kv
14 May 2022 at 19:51
Sir/Madam
Myself Narayanan , At present am an farmer .Earlier I was working with a partnership firm from 2009-2021
( Job confirmed on 2011) . They are doing multiple business like mining - retail (Petroleum-product) and etc..No appointment letter was issued. They started to pay pf after 2011-jun. first three years i was worked in site ( contract work done by company) duty assigned by my supervisor. After that I was transferred to Head office in 2012 No transfer letter everything is in oral. From 2013 I was working in head office as an assistant
( designation mentioned in pf slip & salary certificate) . company has two petrol pump and doing retail business . Each outlet has manger and cashiers and they were doing purchase , sales remit cash in bank and they will submit report to head office . My work starts here , receive the data's ( reports from branch-outlet) and summarize and forward to my seniors. I was doing the work as directed by chief accountant and gm. it was going on. meanwhile in branches they started to give credit to customers. At on stage it was in crore . I was informing everything to chief accountant/ gm in written and oral on daily basis. I was entering data's in computer received from branches/outlet and generating reports . That can be viewed by every one of my superiors . Also I was making cheque payment to buyers - all are accounted as directed by accountant and gm. no cash transactions involved with me as the sales is done by branches. i do make bills payment and entering data's and filing Gst returns and submitting reports. at one stage company couldn't meet daily payment because of increase in credit sales and matter has taken to managing director, branch managers was called to head office and conduct a meeting and both branch managers assured and assigned to collect the entire outstanding and gave a written statement that they are responsible for outstanding and cash suspense. It was happen in Nov 2020. salary has stopped to branch managers from Nov 2020. It is surprised no salary for me also for dec 2020. Both branch managers was not come to office form Jan 2021. but I was going and advised by gm/chief account to go for collection / and pick cash from branch and deposit in bank/ various duty. till mar 2021 I didn't get my salary in Apr i got my dec salary then In May I got my Jan salary & in Jun I got my Feb salary. I was asked to stop all head office duty from Jan 2021 and sent to collection and cash pick up duty. in Jun 2021 new person was appointed for my seat in heat office. In 25'th Jun 2021 I went to head office I was no seat to sit and no work was assigned to me and got no proper reply. Next day onward I stop to going office and sent resignation to head office by mail in 1st Jul 2021. I got reply that it was kept pending due to not hand over the sales /purchase details and accounting related statement. But IT- incometax return has been filled for the entire period.
my resignation letter I-7-2021
Sir,
Due to tight corner, I am unable to continue my service; hence I may be relieved
from service with immediate effect. My settlement may be settled at the earliest
please.
Thank you for opportunities you have provided me over the past ten years.
Thanking you
Reply from Head Office 3-7-2021
Dear Mr.Narayanan,
Please note that you have not properly handed over the documents handled by you and also the
pending collections of both the outlets for which you are accountable. You have not attended office
after the lock down has been lifted by the State Government. In view of this, we are unable to accept
your resignation and your relieving has been put on hold.
You are hereby instructed to properly hand over the documents and collect the pending payments
failing which, we may be forced to take appropriate action.
My reply 5-7-2021
I was appointed as Asst., merely doing the work of book keeper with the proper supervision of Chief Acct. & GM. I am not holding any Official documents, I immediately submitted everything after the task was completed by me, to the Chief Accountant/ higher Official to finalize, audit/inspection and for further action.
All the credit sales are provided by the Branch Managers at their own discretion (in this connection the branchmangers already submitted written assurance/Undertaking for outstanding).While the Branch Managers are goingfor collection, myself accompanied only (with Office Interest, in my own vehicle without getting any allowances for my accompany), that too, as asked by the GM & Chief Accountant. Immediately after accompany, I have reportedeverything to the GM and Chief Acct.
In this situation, I wish to recollect one incident, during accompany with the Manager, one party used
vulgar/unparlimetray words against me (threatened me that, he will murdered me) and attacked me with Chair. I immediately reported this to GM & Chief Acct., but till date, no response/action from the Office to protect me. For the past 2-3 Months, I am not receiving any salary from the Office. Moreover, in the present situation ( Covid 19), it is not advisable to travel in the crowded Buses. And also the Petrol rates are high, I am unable to spend any penny from my pocket, without getting salary or any transport expenses.
In the meantime, you have appointed new one in my post and no seat available for me to sit and also you have already taken back all the documents and left me alone without assigning any work.
You are all aware of that, I have worked sincerely without any office of profit except my salary, in good faith and without any negligence that too, under the supervision of GM / Chief Acct,. If any action for good faith, then I will prove my side. No one left the job in the present situation, that too with good salary. I am leaving the job for survival (to safeguard me from Corona virus -as no one is left , except me to take care of my aged mother).That is the only reason for quitting job. Hence, I request you to accept my resignation, relive me and process my settlements at the earliest please.
Recently in Apr 2022- I got same in register post and replied the same to head office by registered post.
Today morning (13-5-2022) I got phone call from commissioner office and asked me to come for an enquiry against the complaint on me from my ex employer.
Please advice me am sleepless for last four years ..... time is very short am feared..... what is my mistake here
how to handle this situation. is it civil or criminal? how to handle this situation tomorrow morning i have to go commissioner office please advice me ..... am sleepless and couldn't concentrate with my personal work
. i never enjoyed a penny of money from office except my salary. am sure about that.
Thanking you
Narayanan K.V.
Recent update misappropriated complaint given on me for Rs.3500000/-
Vasudevan
14 May 2022 at 18:41
Respected Learned Experts, I have let out one shop in the first floor to a tenant. There is one more shop in the first floor which is lying vacant as on date. The steps and the balcony is common for the two shops. However, the present tenant is dumping his material in the stair case and the common balcony so that the other shop was not able to be reached. There is already a litigation is pending on the tenant for eviction. Whether any police complaint can be invoked for misusing the common stair case and balcony against the tenant? If so, under which penal provision be lodged? Kindly advice.
Thanks in anticipation.
Amit Joshi
12 May 2022 at 10:28
I had made complaint to District Caste Scrutiny Committee (Maharashtra) 3 years back against false certificate of a person. Till date neither Final order is made on my complaint nor any hearing is done in last 10 months. As per Rule 19 of Caste Validity Rule, 2000 Committee will give its decision within 6 months of complaint filed date. As already gone pass 3 years, can I file petition to High Court to ask Committee to give its decision within next 6 months ?
Amit Joshi
11 May 2022 at 10:44
I had made complaint to District Caste Scrutiny Committee (Maharashtra) 3 years back against false certificate of a person. Till date neither Final order is made on my complaint nor any hearing is done in last 10 months. As per Rule 19 of Caste Validity Rule, 2000 Committee will give its decision within 6 months of complaint filed date.
As already gone pass 3 years, can I file petition to High Court to ask Committee to give its decision within next 6 months ?
Member (Account Deleted)
08 May 2022 at 22:45
An appeal has been filed by me in delhi high court, 4 hearings have taken place, everytime my lawyer was present for arguments, but this time am unable to hire a lawyer due to financial problems, husband has been giving monthly maintenance to me ,but i have to handle other 5-6 cases as well and my personal expenses etc. So on what ground should i ask the high court judge to grant one adjournment to me ? Can anyone please suggest a reasonable excuse so that the judge doesn't get angry as opposite side vl oppose
Chintu
08 May 2022 at 16:07
Hello Sir,
My friend was cheated in the name of railway job worth 7.5lakh.accused were wife and husband have given cheques and promisory notes.so does my friend need to go for civil case or criminal case.
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Job cheating
Dear sir, 1. After FIR filled in police station of A1,A2,A3 then within how much time does the civil suit we can file against accused? Because first time money given to accused 25/7/2019 and upto November we have given and upto 27/2/2021 transactions have made between us and bindover have written at lawyer on march till April 30th 2021 later there is no communication with accused. 2. What will be court and advocate charges for civil case to recover money worth 7.5 lakh from accused if we have cheques and promisory notes which was given by accused? 3. cheques were bounced in the year 19/5/2021 but cheque bounce case have not been registered due to covid so does these cheques valid or not as of now? 4.how many years it will take to recover money through court after filling civil case towards accused?