Anonymous
21 March 2011 at 19:49
Hello Everyone!
Need some advice please.
I joined a company on 16th of March.While joining they took a security cheq worth 80,000 rs and a bond was signed for 2 years.They were supposed to provide me 6 months training .
In August (7 months latter ) had some family emergencies and had to go back home.I wrote an email to them ,which had no replies ,When i came back i could see letters asking me to pay the money. I went back to them .They said they want to punish me. I explained them the situation back home but they had no mercy .
I was called on the 22nd of feb to the court where the case was filed as a criminal offence.Becoz i was not supplied all the documents i was not prosecuted that day .I was again called on may 5th. The lawyer said i shouldnt have commited that i gave them the cheq. the only option is to pay the ammount to the accused. I don't have that money to pay. Please Please advice what can be done . Lawyers here in delhi are not very helpful.They need money even to talk. I understand its there bread and butter but i really don't have money to spend . Please help me what are the grounds of fighting this case .
Thanks
Anonymous
21 March 2011 at 17:01
A person who lodges a complaint to police or some investigating agencies. Thereafter the investigating agency catch hold of the named persons in the complaint. Thereafter the complainant goes to the press/media gives wide publicity in which he states a different story than what he mentioned in the complaint to the investigating agency. The statement which he givezs to the agency also differs from that of the complaint. So my basic q1uestion is WHETHER THE STATEMENTS GIVEN TO THE PRESS OR MEDIA AND INTERVIEWS GIVEN TO THE TELEVISION CHANNELS CAN BE USED AS AN EVUIDENCE ? IF SO, WHETHER ANY APEX COURT JUDGMENT AVBLE WITH THE EXPERTS.
SINE THE STATEMENT WHICH HE HAS GIVEN TO THE PRESS IS VOLUNTARY AND NOT UNDER ANY THREAT OR IOERCION OR PRESSURE. HENCE I WHANT TO TO CLARIFY THAT WHEN AN ACCUSED GIVES A STATEMENT TO THE MEDIA AS IN THE CASE OF PARLIAMANET ATTACK AND IN SOME OTHER ASE WHEREIN THE APEX COURT HAS UPHELD THAT IF THE ACCUSED STATEMENT TO THE PRESS IS MADE NOT UNDER AY INFLUENCE OF ANY POLICE OFFRICIALS THEN THE SAME IS ACCEPTAQBLE. IF THE SATEMENT OF ACCUSED IS ACCEPTYABLE AS EVIDENCE ATHEN THE STATEMENT OF THE COMPLAINANT MUST BE ADMISSIBLE IN THE COURT. IF ANY SIMILAR CASES CAN BE QUOTED I SHALLBE VERY GRATEFUL.
queryking
21 March 2011 at 15:05
Defendant has produced a false document in the original proceedings, it is marked as exhibit, I filed an application under section 151 of CPC requesting the court to register criminal case against him for the offense of giving false evidence but the court rejected my application stating its a bare injunction suit and its needs a lengthy evidence. Again i filed an PCR under section 200 of Cr.P.C RWS 195 and 340 of Cr.P.C, now the court has raised the objection about maintainability of the complaint by stating that, only the court can give complaint, a party cannot file complaint to take action. is my complaint maintainable? is there any citation,judgments in support of me? the alleged offence are punishable under section 193,196,471 of IPC
Anonymous
21 March 2011 at 14:48
sir, i just want to know that if a person in charged of the section 279/337ipc.and the complainant how made a complaint against accused was gone to abroad and no chance of return.in that case what will happen to the accuse the injuries are simple blant kind and he allready paid the the claim money
Anonymous
21 March 2011 at 14:08
Hi
in dv and 498a, burden of proving allegation is on person making allegation or the person against whom allegation is made.
If burden of proving allegation is on person making allegation then why do we see so many family in jail for fail allegation.
Anonymous
21 March 2011 at 13:24
hi
At what stage evidence need to be submitted to opposite party.
I have audio and video recording, I want to present at stage of cross examination only. Do i need to make transcript of audio recording.
If i produce this before I think i lose the edge and my ability to prove them liar in cross examination stage,
what is procedure of producing evidence i court for matrimonal and 498a, domestic violence.
at what stage i get to see their witeness list and fir copy
Anonymous
21 March 2011 at 13:14
In a case of NIA 138/r/w 142,when does cause of action start----
From the time of receiving of the notice by the signatory of the cheque or after the passage of the 15 days(in case of non payment by the signatory of the cheque ?
Please specify....
I am confused, the notice sent by us was received by the noticee on 15/02/11, more than 30 days are already past,can we file a case in the court now?
Anonymous
21 March 2011 at 11:52
Sir,
A land owner has filed a criminal case against me and the MD of my company under SC/ST pA Act section 3(i) and 3(v). However in the compalint he had only mentioned that his one piece has been grabbed by the company and on other pieces, dust, waste material and frainy water is being dumped. He has mentioned the date of offence as 08.05.2008.
I want to state that I was not serving with this company at that time and I was in JP Cement which is almost a thausand KM away. I joiuned this company on 12.08.2008 as President. DSP has investigated and submitted his chargesheet. Some of theb facts are;
1. He has not taken my or MD's statement while I pressed him to take my statement and mention in the report about my date of joining. I evven showed him the release certificate from previous employer.
2. In report he cleared us from Grabbing of land. The complazinant and his witnesses has mentioned that waste material and rainy water is getting dumped due to negligence of President and MD.
3. This is also false that waste material is being dumped as we have separat designated land as approved by Pollution Control Department and we have their inspection reports of Pollution department, before and after the date of alliged offence.
4. I am resposible for operation of plant. The land matters, commercial divisions are looked aftefr by other executives repiorting to the owners.
5. My advocate had applied to High Cort for quashing of case before it waqs admitted to SDJM. TH honourable high court passed the order that we should approach local courts fgor releife and if need be we can approach High courts later on.
6. My advocate says that the proof that I was not in the company will get me discharged from charges which will be submitted to Honourable sessions judge in first week of April.
7. He said that problem may be to the MD but MD also sits at Delhi office and not at Plant in Orissa. Moreover the offences are not correct.
8. The case was filed by complainent directly to SDJM in Sept,09, when we refused to procure their land on higher cost fixed by IDCO the nodal agency for land aquisition. As the rates were five times more than the government rates, company refused to procure land through IDCO and the aquisition process is under de-notification.
Kindly advise if I and my MD can get discharged at charge fixing level itself.
As the case is false and with the sole intention of selling land to the company at very high price, the complaint has been iniotiated.
regards
Anonymous
20 March 2011 at 23:52
is
DV case after 7 month of seperation possible.
she has already mention in 498a i slapped her once.
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