Anil Kumar kamboj Delhi M-9650
23 July 2011 at 10:52
sir as said that H.C.can direction for the re-trial of any case if it has decided in malafied way,
but sir where is the provisions and what are the cases in which re-investigation has been provided in the cr.p.c.
Anonymous
22 July 2011 at 22:37
Question 1: Whether the Instant complaint u/s 138 N.I. Act is maintainable?
Consider the following:-
Filling of complaints in two different jurisdictions for very same cheques.
(a) Cause of action has been decided by the complainant about said cheques accordingly complaint was filled u/s 420/406/468/471/120B IPC before the magistrate in South 24 Parganas.
(b) Later another complaint was filed u/s 138 of N.I.Act by the complainant regarding same very cheques but in a different jurisdiction than the earlier decided jurisdiction i.e. before the Magistrate in Kolkata.
Complaints filed regarding the same very cheques in two different jurisdictions not questionable?
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Question 2: Whether a case under section 138 of N.I. Act is maintainable?
Consider the following:-
(a) According to the statement of the accused, these cheques were issued NOT for the discharge of the debt or other liability but these cheques were issued as a part advance/loan to the complainant by the accused as per the understanding of a particular partnership business AT WILL, where the accused and the complainant both are deemed to be partners.
(b) Statement of the accused that the complainant fixed date on the undated cheque without the knowledge and consent of the accused then presented them.
Are not validity of the case questionable as the date of this cheque has been altered by the complainant to the prejudice of the accused?
(c) A police case u/c 420/406/43 IPC filed by the accused support all the above said observations in his favour.
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Question 3: Whether the Instant complaint u/s 138 N.I. Act is maintainable?
Consider the following:-
(a) Time barred - since, the complaint was filed by the said complainant much after two months from the date concerned notice was received by the accused?
===============
For Reference:
Case History:
Content of a criminal complaint states that
(a) the accused is known to the complainant since last 4-5 years
(b) that the complainant invested money to an unregistered business (through an
unwritten agreement) against a share of 3% profit per month (obviously the business were to be carried on by the accused on behalf of all members), the complainant also alleged.
(c) that the
full investment were returnable to him after expiry of one year (this also through an unwritten agreement)
(d) that the complainant made said investment to said unregistered business
through cheques in the name of the accused.
(e) that after making said investment complainant received his share of 3% profit for almost one year (but now he preferred to term said profit as
interest)
(f) many days after making said investment the complainant demanded documents
from the accused about the business where his money has been invested
(g) the complainant further alleged that after receiving some documents from the accused, he grew suspicion in the accused and that after expiry of one year accused did not refund him said money, he also
arranged a telecast against the accused
(h) meanwhile the complainant forced the accused and received two undated cheques but amounting lower than the invested amount,
(i) the complainant therefore filed criminal complaint u/s420/406/468/471/120B IPC against the accused involving said cheques issued by the accused and other grounds (j) he also filed another complaint u/s 138 of N.I. Act involving the very same cheques to a different jurisdictions.
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On the other hand
(i) the accused denied giving any business documents to the complainant even before accepting said investment or later and they are falsely made by the complainant,
that there is ups and downs in the business and he himself too invested in same business. He has been maintaining all verbal understanding with the other member related to the concerned business. In an earlier occasion,
(ii) the accused was also compelled to file a complaint against said complainant u/s 420/406/34 IPC in response to a telecast firstly arranged by the same
complainant which was also based on false statements,
(iii) for not admitting a loan in said
telecast taken by said complainant equivalent to the 3/4th of the amount of his investment said.
(iv) for forcing said undated cheques for further loan and inappropriately presenting them by putting dates on these cheques by same complainant.
(v) for destroying common business and
injuring said accused reputation
(vi) said complaint of the accused was converted into F.I.R. later but only after communication with the police superintendant that too after his release on bail from the relevant investigative detention.
(vii) That the business in question is a joint business and he being competent; the business was carried on by the accused on belief of other member. Every month the complainant is entitled to avail loan from the accused at a rate of 3% on his investment but payable on condition till the loan amount taken by the complainant would become equivalent to his investment, thereafter, total amount of said loan taken would be settled/adjusted with the respective investments and the asset of the business would be liquidated to the members proportionate to respective investments but said complainant injured
the business when it needed its member's support most.
n vijay
22 July 2011 at 19:53
Sir, I am government employee in Andhra Pradesh and while returning to home i was involved in an accident without any fault of me, as an old lady crossed the road in the non-designated spot and immediately i have applied the breaks and tried to avoid the accident but the bike got skid and dashed her. She was hurted and her hand and leg were fractured. Also the bike was owned and is on the name of my brother and there was no insurance policy to that bike. And i was arrested and put to court and i have came out through the bail within 24 hours. Now what should i do i can prove that i have not rided the bike negligently but the problem is that the bike donot have the insurance policy. Please help me i im in huge prob as i am a govt servant.
Pl send solution to my problem.
Member (Account Deleted)
22 July 2011 at 16:16
1. Can only application under 156(3) crpc be filed without accompayning a complaint under 200?
2. Whom to make party before magistrate, if the information is against unknown persons and police did not register a case while the information disclosed a cognizable offence?
3.Can state through police commissioner be made party in an application under 156(3)?
Anup Gupta
22 July 2011 at 16:12
Dear Members,
My client is the manufacturing Company (the Company) having it registered office At New Delhi. The Company has entered into consignee agreement with some detail having its office at Noida for trading and selling of products/goods of the Company.
Consignee agent supplied products/goods to some dealer having its office at Kanpur and raised invoice. In the said invoice it is clearly mentioned that “all the disputes are subject to Delhi jurisdiction only and Consignee agent sold the products of the Company”.
The said Dealer issued Cheque in favour of Consignee Agent and the said cheque was presented by the Consignee agent in its banker at New Delhi and same was dishonored.
In short: Products supplied from Noida to Kanpur. The alleged Cheque was given at Noida and presented at New Delhi. I have sent Legal Notice for dishonor of cheque from New Delhi.
Now my question: Whether jurisdiction for filing of criminal complaint under section 138 R/W 142 of NI Act, lies in Delhi or Noida or Kanpur?
Anonymous
22 July 2011 at 13:18
Lawyer sirs,
Actually We didnt take any dowry and my parents didnt harass my wife. There were no proofs with us.
But I was told that in 498a and cases under DP Act, the complainant and her parents can put 'n' number of false allegations with no evidences.
Is it true?
The thing is we are nuclear families.
We do not have mediators also.
We married the girl by selecting from Matrimony websites.
We trusted the in-laws and married the educated and working daughter without taking any dowry as we have a principal in my family of "not to take dowry".
After marriage no one from either side of us stayed with us as we are newly married couple.
But the girl always work and comes late from work and get tired and shows no interest for family things.
One fine day she came from office and created a small argument to make me emotional and beaten me too and has gone to their parents house. Then after 2 months still staying away from me met Women cell police comissioner and as per that higher official suggested she filed 498a,406 cases with false allegations on all my people, relatives including me.
To be frank, our case is not at all related to dowry or any kind of harassment.
But in court to show our innocence, we need proofs which we do not have and which we never thought of.
what to do in this situation?
Pls suggest how to proceed.
anantha madhav
22 July 2011 at 12:47
CRPC:170.Cases to be sent to Magistrate when evidence is sufficient.-
1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.
My Brief:
Facing false dowry charges alleged by the 498a complainant
My Query based on 170(1):
a). I filed RTI about evidence I got reply from the PIO[CI-IO-SHO] that there are no single exhibits/evidence on curley or dowry allegations except 161 statements.
Here my contest is on 170(1) which clearly specifies about evidence
Every one knows that POLICE is Corrupted.
When there are no exhibits/evidence, what about the Court/Magistrate how will they come to a conclusion that there is a prima facie without exhibits/evidence.
b). Mere 161 statements will do just to see that there is prima facie against the
A1 - AN
Please clarify how the POLICE and court/magistrate taken up the case
madhu mittal
22 July 2011 at 02:07
In a case u/s 138 Negotiable Instruments Act there were two accused say A and B, so one surety named X gave bail for both the accused. The said person X gave bail to another accused named C in a separate case u/s 138.While giving bail for each accused, the surety X executed an affidavit. So in these way Surety X executed three affidavit and in each affidavit there is one point of affidavit that I ( i.e. surety) am not surety for any other accused. Now my question is whether the Surety X is not guilty of perjury u/s 193 IPC for giving false affidavit. If yes, how and in whose jurisdiction can he be prosecuted for this offence.
emule, utorrent
PRADEEP SAMANT
21 July 2011 at 23:10
What shoul be done to exepdite a case u/s 406/467/468/420 of year 1998 ,in which my client is one of the four accused with below mentioned facts,
wherein the charges have not been framed even in 11 Years.?
Wherein the main complainant has died?
Rgds
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420 case
sir
one fellow cheated forgerd my signature.
now i want to file in court 420 and forgery case.
for this sending legal notice is cumpulsary?
if he wantedly reeject notice,
without surviving of notice how to file in court ?