VIJAY K. TEOTIA
15 December 2010 at 20:52
In a complaint case, accused were summoned but the same was not served. through some source it came to the knowledge of accused about pending criminal complaint case and summoning by the court. accused engaged advocate and advocate applied for certified copy. after copy criminal revision filed along with application for condonation of delay. it was almost 04 month since summoning when revision filed. DJ court admitted appeal and called for record from lower court. the court issued notice to complainant and before going further heard on delay condonation. my question is whether delay condonation is required since summons were not served and revision filed immediately after obtaining order.
Anonymous
15 December 2010 at 20:34
In case, charge sheet submitted u/s 420/467/468/471, whether accused can apply through his advocate for discharge u/s 239 without obtaining bail. Whether magistrate has power to hear such application . What favourable or adverse order can be passed by the court.
Anonymous
15 December 2010 at 20:31
In case, charge sheet submitted u/s 420/467/468/471, whether accused can apply through his advocate for discharge u/s 239 without obtaining bail. Whether magistrate has power to hear such application . What favourable or adverse order can be passed by the court.
ksvrajuadv
15 December 2010 at 20:30
Accused borrowed money Rs 45000/from complainant in the year of 2005 by cheque.Accused gave blank cheque to complainant widout signature,widout date & widout any amount.complainnat put himself accuesed signature,Ist added date14/11/05 &then added date 14/12/06.complainant pesented said cheque for clearance through her bankers on 13/6/2007,but the same was returned wid remarks IN SUFFICIENT FUNDS.Plz suggest me what r the chances of accused,whether he win his case & on what grounds.
Baskar
15 December 2010 at 19:44
Sir, I was accused of cheque return & case was filed against me in 138 NI Act. I won the case. These are the following points that magistrate wrote in the Judgement.
1.No legal liability arises.
2.Attestor said that pronote was blank when he attested.
3.Scribe Has made statement in court that he knew all the transactions but before trial started the same scribe has given me a written advocate notice that he doesn't know any of this transaction.
4.Three different inks was used.
I need to know that can I sue the complainant & Scribe who are brothers who wantedly filed a case on me to get the monetary benefit. If yes what type of case shall I file against them.
Anonymous
15 December 2010 at 19:43
C; the Complainant RV: an advocate KMS: Jr. to RV P: Govt employee B: Govt employee
The complainant in his complaint says "RV informed him that P and B are demanding money to do his work. Then C alongwith RV went nd met them ona date. P and B demanded money failing which the work will bedelayed."
The date which he is mentioning is totally false. no one met him on that date neither earlier nor later.No money was demanded from RV by both govt employees. here the complainan fails to mention the date on which RV told him. The date on which he alleges to have met the place and who arraned for thi meeting etc..
In his stttment given later on he states that "the date on which he met the govt employees the ovt employees discussed someting in their mother tongue with RV andf RV informed him that they are demanding . the language in which they discussed which he did not understand"
after two days RV takes KM and P to the complainant place and introduces them to C. Pl note that voice transcription memo shows that introduction takes place on this day. so it is proved that earlier C did not meet anyone. In this meeting KM intorduces himself as govt employee. later on KM accepts the money. RV under fear says this money is mean for B and P. thereafter he contacts B. KM hands over the tainted poart in the hands iof B. since B is Partially blind and cannot see with left eye KM utilises this point and hands over thru left part. upon handing over B was caught . The B then hands over the same to P by saying it is ur money and I dont know how much it is.
Now chargesheet is filed . Earlier B, P and KM were arrested/ Nmae of B was not in the FIR. In the fir they have stated that prima facie offence on behalf of KM and P is registred. Now the position is B, P, KM and RV all are chargesheeted. Now what will happen in the trial court and How B can protect himself. B hss neiher demanded from C,KM,P or RV
Anonymous
15 December 2010 at 18:40
If wife of a husband after leaving matrimonial home, having signed MOU for Divorce, but not obtained decree of divorce from the Court, start living with another person under live-in-relationship and sharing bed with that person, of which ex-husband has proof, can ex-husband take action u/s 498 of the IPC against that person with whom wife is living under live-in-relationship?
Atul Kumar Khare
15 December 2010 at 16:24
Situation:
A passenger takes 2nd class unreserved journey ticket and performs journey exactly as per all the details printed on the ticket. Still, when he arrives at the destination station, the railway staff penalises him for violation of Section 55 and 138 of Railway Act (JOURNEY WITHOUT PROPER TICKET).
Railway's staff says that, that particular train was restricted for journeys less than certain distance on specified portions of the train's route.
Passenger's Stand:
No such information on the ticket, ticket window or train and he has complied to all the information provided to him in the ticket.
My questions:
(1) Is it not the railway's fault not being able to accommodate such information on tickets issued for journeys less than certain distance and on certain routes?
(2) Is it justified to hold the passenger responsible for not having read the Zonal Railway Time Table which tells about such rule?
(3) Is it justified to penalise passenger in above situation?
(4) Whether the information provided in Zone Time Table (given below) CLEARLY prohibits such short-distance journeys and whether this constitutes any penalty payable by the passenger.
(5) Whether violation of Section 55 has been done.
In the light of the above, please give your CLEAR opinions.
-Atul Kumar Khare
---------------------------------------------------------
The rule from Western Zonal Railway Time Table: "This Zone has imposed distance restriction on certain long distance and superfast trains, to restrict short distance passengers from boarding these trains and encroaching upon accommodation earmarked for long distance passengers. However, short distance passengers can be booked in advance on these trains to the extent of intermediate station quota. Ticket checking staff on the station or on the train can allow passengers to travel against vacant accommodation, irrespective of the distance restriction, provided the passenger is holding a journey ticket for or short of the station upto which accommodation is available. Distance restrictions vary from train to train and are applicable to certain section of the journey."
Anonymous
15 December 2010 at 15:20
A 498A case was filed by my wife against me and my paresnts we took stay of Arrest from Allahabad High Court by filing a Criminal Writ petition under Sec 482 for quashing of FIR. The court directed the case to Mediation centre allahabad and granted stay of arrest until mediation centre submits its report after which the case would be listed in HC. Two mediation sessions passed and the opposite party did not turn up know the third session is scheduled shortly.
I have just come to know that chargesheet has been filed in the concerned court 15 days back. Would this impact the stay of arrest that I have from the high court and is there a use of the remaining mediation session I dont hope the other side would come.
Please guide the next steps that I need to take and does the stay of arrest vacate if the chargesheet is filed though its nowhere mentioned in the HC order
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Defamation case for 138 NI Act
Sir, I was accused of cheque return & case was filed against me in 138 NI Act. I won the case. This Cheque was originally issued to the scribe of this case. But he filed case on me on his cousin brother's name as compliantant. These are the following points that magistrate wrote in the Judgement.
1.No legal liability arises.
2.Attestor said that pronote was blank when he attested.
3.Scribe Has made statement in court that he knew all the transactions but before trial started the same scribe has given me a written advocate notice that he doesn't know any of this transaction.
4.Three different inks was used.
I need to know that can I sue the complainant & Scribe who are brothers who wantedly filed a case on me to get the monetary benefit. If yes what type of case shall I file against them.