Mohamed farook
30 September 2017 at 19:25
In a transport stage carriage passenger service partnership business one was retiring after ascertaining the account till date.The cheque particulars were mentioned and registered as received.The retiring partner was promised to issue the cheque after registration completes.The cheque was not given.The existing partners declaring a legal notice that they would not give the cheque and not liable to give as the accounts were wrong.The document consisting that the accounts were ascertained and the amount was reached the cheque was written.Criminal breach of trust,Cheating,Criminal conspiracy Case can be complained or not.The firm property like passenger bus can be suited or not by interim injunction order in a civil suit.Both criminal and civil can be filed or not to convict and recover money.please advise me suitably.
Amar
30 September 2017 at 10:48
Respected Sir/ Madam
My sister was born and brought up in State X. She belonged to schedule caste. So, she got residence and SC certificates of State X in 2005. Then in 2010, she got married in same caste in State Y. Same caste also falls under schedule caste in State Y. So, after marriage she got her residence and SC certificates in State Y. However, she didn�t cancel her residence and SC certificates of State X. Then govt. job vacancy in State Y. She applied for job as a resident and SC candidate of State Y. After three months, there was govt. job vacancy in State X. She applied for job as a resident and SC candidate of State X. Then written examination happened for State Y. Then written examination happened for State X. Then result was declared in State Y. She got selected in State Y and verification of documents was done in State Y. Also she got place of posting in State Y. However, before joining some non - selected candidates put some court case and her joining was put on hold in State Y. In the meantime, the result for State X was out and she got selected in State X and verification of documents was done in State X. She joined govt. job in State X.
Her in-laws family was fully aware of this and also supported her in this context.
However, now some family dispute and case is in child & women care cell.
Now, her in-laws threatened her that they can harm her govt. job in State X.
We tried to cancel her residence and SC certificate of State Y, but �certificates maker� govt. officials told us that it is not possible without divorce.
What are the safety measures we can take now?
Can they really harm her govt. job?
Ayush
29 September 2017 at 18:29
My Son (age 15.5 yrs) and I (Handicapped 50 percent )(48yrs) and my wife (42 yrs) have been accused of IPC section 307 ,325 and other sections.I went with my son and wife to my father's house where my brother also lives, There was a quarrel between me and my younger Brother and he came to attack me, so, in defence i hit him with a lathi. we left there and returned back to our house. But Surprisingly After one week my brother came to my house with Police and the police said that we have been accused of ipc 307,specially my son assaulting my brother with an iron rod on his head. Though in the hospital of where he us showing report it's only wriiten swelling of head and CAT scan (though he didn't did the scan).
What do you think the injury report will be?? And is it possible to remove IPC 307,325 ??
And Somehow remove the name of my son and Wife from the charge sheet??
I am Handicapped 50 Percent Any benefit??
Prakash Tiwary
23 September 2017 at 23:43
Case :
Falsely implicated under 498A. Fighting custody for daughter as well. Case is under train in Mumbai. Dowry was claimed by my inlaws. My FIL retired from central gov org in kolkata.
My vigilance complaint
I have filed complaint against F.I.L before Vigilance under dowry protection act. As an evidence i have given their statement recorded before IO and submission before. I requested to look in to correctness of statement , disproportionate asset and dowry protection act.
Vigilance Response
1. Deny to look in correctness of statement as Mumbai police is doing.
2. No disproportionate asset as per their record.
3. They agree if such my F.I.L has given dowry , it is a cognizance offense and written " appropriate action may be initiated on the basis of the result of the investigation by law-enforcement agency in this regard".
My query and seeking suggestion
a) For point #3 who will initiate and refer to law-enforcement agency ? or which law-enfo agency here ?
Should i ask Mumbai police to start investigation based on vigilance report ?
b) Also , how should i use #2 . Income tax or anti corruption is next step ?
Thanks
Sandeep
11 September 2017 at 00:29
I have been granted interim bail with consideration after two days, when I may be granted anticipatory bail. Am I suppose to apply for regular bail? Claimant has appeared before the court to absolve me from all the matter. FIR under 306 and 511 have been filed.
Mithu
09 September 2017 at 20:36
This is to bring to your kind notice that for the reason that I ( complainant/victim) have given birth to female child and for the sake of dowry I have been severely tortured/beaten by in-laws & humiliated publically and after molestation by father in-law thrown out of matrimonial house in NCR on dated 2-Jan-2016 for which FIR No xxxx/2016 (u/s 323, 406, 498A, 506, 34) is registered in Kkr. On 9-march -2016 my husband filed for divorce as per their plan due to non fulfillment of illegal demand of dowry and due to birth of girl child. Meanwhile me, my family and my friends started receiving threatening emails along with audio of our private telephonic conversations from the email ID of xyz@gmail.com (almost 50-60 emails with private call records to all ..me, my witness sister, frends). In a great fear and depression I complained about this to SSP, kk and after investigation accused was caught red-handedly and accepted his crime and FIR Noxxx has been registered (Please note that accused is my husband already on bail in another case i.e. FIR No xxxx/2016 u/s 323, 406, 498A, 506, 34 & has committed the cyber crime & breached the terms of the bail).There was another complained filed by the other victim (sister who is also witness in case under trail i.e. FIR No.xxxxxxx/2016 u/s 323, 406, 498A, 506, 34) residing in NCR to cyber cell HQ in Gurgaon & there the involvement of XX HCS was also found and Cyber cell recommended police chowki NCR to register the case u/s 354D but it was registered U/s 66D and 201 ipc added later on. The FIR no abc has been registered in Gurgaon where officer, HCS as escape route has now become state witness in this case after committing this crime. . me & my unmarried sisters have been victimized and our calls have been tapped/phone or email ID has been hacked and culprits are getting V. I. P treatment from the police and in judiciary due to high approaches and links. My application u/s 190 (B) has been dismissed by lower court for adding sections 354D, 499,500 saying not sufficents evidance on file. Now accused has approached high court for queshing saying 66D is not made out as element of cheating is not made out (defined in 415--related to property transaction) My queries are:
1) is there possiblity that police can recover data after approx 1/1.5 yrs after email data delete.
2) accused has hecked many of my family mers email ID....but nothing has been brought by police on record...i made many representaion but nothing recovred. How to get it recovered? how much old data is recovered?
3) In divorce petition and in frend circle accused defamed my sister as marrieed and divorcee but actually she is unmarried how to bring this strongly before the court for adding section 499,500
4) can I also file 482 against police and lower court for justice? charge has not been framed by court so far and in another FIR challan has not been done to court?
Mithu
09 September 2017 at 20:09
This is to bring to your kind notice that for the reason that I ( complainant/victim) have given birth to female child and for the sake of dowry I have been severely tortured/beaten by in-laws & humiliated publically and after molestation by father in-law thrown out of matrimonial house in NCR on dated 2-Jan-2016 for which FIR No xxxx/2016 (u/s 323, 406, 498A, 506, 34) is registered in Kkr. On 9-march -2016 my husband filed for divorce as per their plan due to non fulfillment of illegal demand of dowry and due to birth of girl child. Meanwhile me, my family and my friends started receiving threatening emails along with audio of our private telephonic conversations from the email ID of xyz@gmail.com (almost 50-60 emails with private call records to all ..me, my witness sister, frends). In a great fear and depression I complained about this to SSP, kk and after investigation accused was caught red-handedly and accepted his crime and FIR Noxxx has been registered (Please note that accused is my husband already on bail in another case i.e. FIR No xxxx/2016 u/s 323, 406, 498A, 506, 34 & has committed the cyber crime & breached the terms of the bail).There was another complained filed by the other victim (sister who is also witness in case under trail i.e. FIR No.xxxxxxx/2016 u/s 323, 406, 498A, 506, 34) residing in NCR to cyber cell HQ in Gurgaon & there the involvement of XX HCS was also found and Cyber cell recommended police chowki NCR to register the case u/s 354D but it was registered U/s 66D and 201 ipc added later on. The FIR no abc has been registered in Gurgaon where officer, HCS as escape route has now become state witness in this case after committing this crime. . me & my unmarried sisters have been victimized and our calls have been tapped/phone or email ID has been hacked and culprits are getting V. I. P treatment from the police and in judiciary due to high approaches and links. My application u/s 190 (B) has been dismissed by lower court for adding sections 354D, 499,500 saying not sufficents evidance on file. Now accused has approached high court for queshing saying 66D is not made out as element of cheating is not made out (defined in 415--related to property transaction) My queries are:
1) is there possiblity that police can recover data after approx 1/1.5 yrs after email data delete.
2) accused has hecked many of my family mers email ID....but nothing has been brought by police on record...i made many representaion but nothing recovred. How to get it recovered? how much old data is recovered?
3) In divorce petition and in frend circle accused defamed my sister as marrieed and divorcee but actually she is unmarried how to bring this strongly before the court for adding section 499,500
4) can I also file 482 against police and lower court for justice? charge has not been framed by court so far and in another FIR challan has not been done to court?
kumar B Kumar
08 September 2017 at 10:29
I am Bkumar, i had already posted there various time and got answered. This time again i want to post my story and want solution from experts. I got married in year 14 feb 2014. my wife left my home in dec 2014 and in july 2015 she filled a fake dowry case 498a, 354, 323, 506, dowry act 3 & 4 . after that IO send the report stated that matter related to family so recommendation for mediation center. my wife agreed to take case back if i live separately at another place with my wife. so i accept her condition, then she taken case back.we lived 5 month together at rented home (sept 2015). she did not change her attitude she always fight with me and harassing me every time. she tried to suicide but at that time i handled the situation. one day her parents and brother came at my rented home and demanded 25 lakh other wise face the case. 30 january 2016 she run away with her brother in my absence. she taken all the jewelry, car, cash and all the valuable items. then she went to her home town Kanpur and filled a affidavit that she don't want to accept the mediation and blaming that she signed in pressure of mediation office. and after she reopened the same case. after that police filled charge sheet. court issued NBW against my family. then i approached to High court in 482 for quashing charge sheet. High court stay on my NBW. and matter send to mediation again. but she did not came in mediation. after some time mediation failed and high court passed the order that was not in my favor. high court said surrender with in 30 days in Kanpur court and apply for bail. then we all applied for bail and got interim bail. In mean time District Judge gave me interim bail and send matter again mediation in Kanpur for settlement. 6 September 2017 is the settlement date in mediation. second party also agree to settlement the matter in exchange of money but they are demanding 25 lakh. so i decide to give some money and close the matter. i want to know how settlement money will decide by judge. I have all the proof (audio recording, whats app msg) that she accepting that she has taken all the jewelry, cash, car.Presently my mediation date is 6 Sept i got interim bail till 7 Sept 17. I visited on 6 Sept but mediation judge was on leave so i got the next date 16 Sept, and my interim bail extended to 20 Sept. Till date i did not get the change to tell my story to any judge. I think law is in favor of lady. there is no law for husband. i am too much disappoint from the law. No one is listening my facts.
one more thing on 3 july 2017 my wife filled a another case of same 498a in Ghaziabad. and FIR have been registered. is it possible that u cane resisted the two FIR of same crime at two different place. Please Guide me what can i do.
C M Asif
08 September 2017 at 06:42
My brother has been made accused u/s IPC 406,420,380. Earilier the police issued a notice number CrPC 41(1) to meet with them at PS. Accordingly when he was going to meet the IO, they kept him into i their custody on 23.08.2017. but IO produced before the court on 26.08.2016. Then IO took him their custody. And on 30.08.2017 court ordered for the Judicial Custody. Now bail application was rejected by the lower court as well as Session court.
Should we move to Hon. HC for bail or is it better to wait for some time?
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Penalty and imprisonment
Dear experts
In a case u/s 138 of NI act.
The magistrate fined rs.20000 and 6 months imprisionment failing which the accused not paid the fine amount he has to under go another six months.
The subject matter is rs.ten lakhs
If the accused paid an amount of rs.20000 and ready to go imprisionment for six months can we assume that the accused need not pay the amount of rs.Ten lakhs.
I am for the complainant only way is to prefer a cri.Appeal or any other way to recover the amount. There is no chance to file a suit for recovery of the amount as the same is time barred for.
Kindly give me a suitable advice on this.
Thanq experts in advance..