Rajat sahotra
02 August 2011 at 14:43
Only the authorized person is examined in CW's by complainant bank.Whether complaint is still maintainable?
no bank official is examined and evidence closed.
The old bank manager transferred who filed the complainant under sec 138 NI act.
New manager produced an POA for his authorization in which no where mentioned to authorize him for particular case.
Whether a fresh authorization is required for this particular case or a GPA mentioning all acts to do or not executed 3-4 years back is enough?
anonym
02 August 2011 at 13:03
I have been framed u/s138(cheque bouncing). The complainant has used my signed blank paper to forge an acknowlegement and undertaking saying that I have procured loan from them and incase I do not repay they can use my cheques. 1. The undertaking is forged on a plain paper and not a stamp paper. 2. The witness is the complainant's husband only. I have to challenge it as it is fake: My question is: What is the validity of a plain paper? Can a husband be a witness to a cash transaction?
Anonymous
02 August 2011 at 11:29
I am advocate.In an application under section 125 cr.p.c magistrate passed a final ex parte order against husband on account of his absence after he put up appearance on being served.The order is under Proviso to S.126(2) cr.p.c & dated 15.4.2011.Respondent's advocate did not file application for setting aside ex parte order in the same court but file revision before SJ (u/s.397 cr.p.c)on 01.8.2011.
WHETHER THIS REVISION IS MAINTAINABLE ?
If YES, How?
If NOT, Why?
Please guide....Thanks in advance
Sijo Varghese
02 August 2011 at 11:22
Dear Sir,
Can I go abraod for employment if any criminal case is in the court? Which are the relevant chargeable sections to stop go abroad?
What are the procedures to be followed for going abroad in this situation?
Anonymous
02 August 2011 at 09:13
Hi - I had given a cash to my friend of 1L, as he needed help for property buying. He had promised to repay the same in 2 months, however after the said period he gave me cheque of 1L, however the cheque bounced with the notification from bank as ACCOUNT Closed.I would like to file case against him, will law be force full in this case. How much time will it take to close this case
Jayesh Kumar
01 August 2011 at 22:42
Hi All Experts,
In a land fraud case, the district patwari, land record officer and another officer in connivance with 2-3 other people used forged signatures and forged documents to transfer the land of a person from his name to another person name. The fraud came to highlight 3 years after the registry of such sale and transfer deed when the person tried to sale one portion of the land. When his efforts to register FIR went fail 'cause the other party used their influence, might & power he wrote a letter to various ministes. On one such letter the minister wrote a strict language asking the district commisioner to probe the matter. The matter was transferred to the local Inspector, a case no. was registered for the complaint however no FIR was filed. However as it was already the same thing, nothing happened in investigation. out of the 6 accused, statements of 3 people were taken. The statements of the govt. official was not taken. But surprise of surprise, I think so, the statement of the complainant was not recorded. They just compiled this statement without any evidence collection, without even collecting the photocopy of the papers alleged to forged, even check the signature and photocopy and sent to the Commisioner Police.
My question is that in this case, when things have proceeded so further can a case which is being investigated be closed without even taking the complaint statements?
Secondly, if the policy has sent the status of the case closed, can this be taken up by filing a protest petition in the Court since there is case no for the investigation however no FIR for that.
Excuse me all for my low knowledge in criminal field.
Regards,
Anonymous
01 August 2011 at 19:58
hounrable lawyers,
i want your urgent help in this matter
i want to know that if an accused want meet his family at his home then what is the provision for this????
if the accused got the permission n victims family proved that reason false then what will be the legal action against accused family??
and is their any law via which the victims family got the right of having all information about the accused legal action like filling any bail application or any other ??
thank you all in advance for your precious advice and time
Anonymous
01 August 2011 at 19:38
X(Female) was married with Y (Male) in Oct 2008. Y is Scheduled Caste(SC)and X is Backward Class (BC). X name was registered in Y Ration Card on May 2009. Father of X(Female) prepare his daughter (X)BC certificate on Jul 2009 with his father old Ration card photostat in which the name of the X is lies and giving affidavit by father that she is student and our family member. But actually in May 2009 X father struck out his name. X (Female) is appointed as teacher in Govt School on contract basis in Backward Class(BC) Certificate on Aug 2009.
Y prepare the SC Certificate of X in Dec 2009 with his ration card in which name f the X is add in May 2009.
Now X has 2 certificates, one is BC on which X is appointed and second in SC.
Is the BC certificate of X is valid or not.
or
Is the SC certificate of X is valid or not.
Some third person Z complaint to police that X (Female) BC certificate is invalid, inquiry conducted by Police and police gave their views that register FIR againt Female father and sent file to DA(Legal).
What Can we do now to save the father?
Anonymous
01 August 2011 at 19:29
hounrable lawyers,
i want a help from you i want to know on which which reason an accused got the permission to came home to meet his family???
and if the reason proved false then what will be llegal action against him????
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VALUE OF CROSS EXAMINATION IF AFTER FRAMING OF CHARGE NO EVIDENCE
Sir
1. in a case after framing of charge, if there is no evidence from complainant after framing of charges then complaint shall dismiss. If the complainant alone present in case but not cross examined after framing of charge whether the cross examination of complainant before framing of charge shall be considered against accused persons? High court opinion case law on this?
2. Settled principle of law that delay will not be condoned if there is no ground or sufficient cause proved by party. Any setteled case law on subject pleae