Jainodin shaikh
29 July 2011 at 20:09
Hello experts!
I am a lawyer from Jalgaon (Maharasshtra).
I came to know that some Magistrates are treating the offence U/s. 324 of I.P.C. as "non-bailable" as per the ammendments in 2005.
According to my little knowledge; the ammendment in respect of making the offence u/s. 324 as non-bailable is yet to be notified. The notifications issued in the year 2006 & 2009 have not given effect to the ammendments in respect of the offence u/s. 324 of I.P.C.
Magistrates in my city started to consider the offence u/s. 324 as NON-BAILABLE; but being a lawyer I could not dare to ask the Magistrate to show the NOTIFICATION declairing the date of enforcement of the ammendments in respect of the offence u/s. 324 of I.P.C..
Please answer my fallowing questions:
1] What is the current possition of the classification of offence u/s. 324 of I.P.C.? (Bailable or Non-bailable?)
2] If bailable, is it possible to take action against Magistrate & police who tried detained the accused by treting the offence u/s. 324 as non-bailable?
3] If Non-bailable, What is the date of its enforcement & vide which notification? (details of that notification.
Anonymous
29 July 2011 at 19:07
*in a case u/s 336,337 and338 I P C police file final report that it was an accident with out fault of any one and it is a case of workmen compensation court.complainant file protest petition in the court and file compensation case in workmen compensation commisioner's court.* now both the party agreed to settle the both case on an amount in this condition that complainant should withdraw the protest petition. *complainant file an application in the that he would not want to protest the final report produced by police and a compromise has been settled.but court is not accepting fr .*what should the complainant do?
Arka Foundation
29 July 2011 at 14:19
Dear All,
Kindly inform/clarify that,
1)is it correct that the CrPc 161 statements recorded by designated
CI-IO-SHO can sign on that statement.
2)As per CrPC 161 statements, LW can say that witness came to know about the offence[498a] only through the complainant & her parents and not by others/seeing.
3)Does these statements are valid
Elighten me please...
hari
29 July 2011 at 12:23
Dear Experts,
i would like to know, is recovery of stolen property in kind (gold and other valuables) is not a duty of SHO/Investigation officer of police, in our case an SHO directly told me that even though thief(within a week from date of theft) is caught we cannot insist for recovery, he says their duty is only to produce him in court and send to jail, then what about the property stolen?, what do the rules say about it. how we can get justice
Anonymous
29 July 2011 at 11:44
Many people / experts presume that once a cheque is issued and bounced guilt is presumed and hence conviction.
However the law provides for protection to the accused since two important rights are given. ONE- right to rebut and TWO= legality of transaction.
We will give solutions to real cases of NI 138 but only for accused. Since if the safeguards provided are used properly it is easy to get out of any NI 138 case.
1)There is always mistake in sending notice by the holder of cheque. There are no of such mistakes which differ from case to case BUT MISTAKES ARE ALWAYS THERE.
2) There are mistakes in drafting the pleadings. Very few people have the knowledge and experience that pleadings can not be amended in criminal complaints.
3) Bank slips are presumed but if confronted in cross this it self is biggest barrier to any case to succeed.
THERE ARE MANY MANY SUCH BARRIERS FOR ANY HOLDER OF BOUNCED CHEQUE TO SUCCEED.
Anonymous
29 July 2011 at 03:57
can committing court remand accused when it has committed the case.if yes then why section 209 reads as committing court has power to send accused to remand during & untill trial.once trial is begun i think committing court has no role to play.
what document are supplied to accused u/s 208? why he is supplied copy of 161 in complaint cases?
Anonymous
28 July 2011 at 20:41
This is about a case in which Judge has altogether omitted the evidences provided by the Complainant and the Police Report substantiating the Offence committed by the Accused (section 420 of IPC), and consequently granted bail to the accused.
How to proceed to High Court against the order passed by the Sessions Court?
Can Complainant plead for himself, or he has to be represented by his Counsel only in the High Court forum?
How lengthy are these procedures?
Anonymous
28 July 2011 at 18:02
sir
iam a permanant resident of kadapa district, ap state.
but i was a temporary resident of guntur district from 2006 to march 2011 , and i married and started marital life at only. due to despuits we separated not legally. for divorce through court i given my case to one advocate in dec 2010. he wasted 7 months time and cheated me by telling lies about my case, that filing coompleted, notice issued to my wife and given me a fake number. finally in june 2011 came to know all his drama and asked strongly to return my file and fee. then he filed hurryly on that day with my fake forgered signatures on plaint papers to court and without petitioner signatures on documents photocopies and no court fee stamps on few papers. finally by knowing his cheating i returned my case from court completely. I given a complaint to state bar council, hyderabad with all facts and supporting documents.
now i want to file a cheating case on him. but from march 2011 i returned to my home town kadapa district.
so now my doubt is is it possible to file cheating case in kadapa as a permanant resident? or file only at guntur (offense happend area)?
i tried with 2 advocates inn guntur, but against a advocate of same bar association they are not taking my case to file.
so i want to file in kadapa court sir, if possible.
please help me with your valuable advice.
Anonymous
28 July 2011 at 17:54
Respected sir,
In the my case our business in the new Delhi, and i have made a all transaction at Delhi,Cheque issue from Delhi,
Our banker State bank of travonecore in new delhi, cheque stopped payment in delhi due to non settled of the account including the writing information confirm to complainant company,
And complainant has branch office at delhi all transaction in delhi but complainant company cheque deposit from head office in Aurangabad, complainant notice sent Aurangabad, and case registered at Aurangabad,
i have know the above case Jurisdiction belong Aurangabad or New Delhi,
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
need rullings IO and informant same recovery of arms
Ld. experts
I need rulings in the matter of inwhich Investigation officer and informant is a same person and he himself recovered arms from my client as alleaged.
plz help me.