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KAMARAJ BHARATHY G   24 November 2010 at 21:37

DISPUTE IN CHEQUE AMOUNT 138 NI ACT

Dear Friends,
My client has given a cheque for Rs. 10,000/-for his debt. Subsequently,he repaid a sum of Rs. 7,000/- for partial settlement of his due. But, the creditor has filed complaint u/s 138 against my client for Rs. 10,000/- by using the cheque was given by my client. In fact my claint has paid Rs. 7,000 and his actual due is 3,000 only. But, the creditor has filed for 10,0000/- and he has used the cheque. But my client has proof to proove his partial payment. At this juncture my question is whether the cheque is valid or not please advise with supporting supreme court or madras high court judgement

Anonymous   24 November 2010 at 20:12

Help Required

Dear sir,

I have filed a criminal complaint against my wife .After the evidences, The hon'ble judge sahib has taken into cognizance and issued sumonning orderu/s 193. she was granted bail.when she didnot turnup on the next date, warrant was issued and she got bail again. As now after summoning I have to give the evidences after summoning, but I came to know that case is put up for accusation. Kindly tell me what will be done on the next date. Hon'ble court will frame the chages automatically or arguments will be there, and after that changes will be framed. Is that i have make preparation for that or it is not required.

With regard

Anonymous   24 November 2010 at 18:35

Negotiable of Instrument Act

Hi. complainant has filed a complaint on the basis of various cheques on the pretext that the cheques were issued to discharge the legal liability as goods sold vide various bills. However he has not placed on record any original or attested copy of bill despite demands will he be succeed.

Anonymous   24 November 2010 at 18:31

Negotiable of Instrument Act

Hi. complainant has filed a complaint on the basis of various cheques on the pretext that the cheques were issued to discharge the legal liability as goods sold vide various bills. However he has not placed on record any original or attested copy of bill despite demands will he be succeed.

Anonymous   24 November 2010 at 14:45

false list of stridhan

my wife has prepared a false list of stridhan clubing of various items which i never seen that the list of stridhan is also fabricated by false sign of husband and her own sign further that the list is also signed by her jija(brother in law) as he has prepared the list during the marriage reception where people gifted so much household items. but in fact i never took such kind of items. so the list is attached with demand of stridhan in d.v. act case.
how can i proceed to prove that the list is false and fabricated evidence?

Md Abdul Kadher   24 November 2010 at 11:52

Revision/Review Petition in High Court

What is miscarriage of justice? In one criminal case acquittal was ordered by the District Court in which one is the petitioner and the others are the state police personals. There was no procedural illegality or manifest error of law in the orders of the trial court.Whether the de facio complainant can file Revision/Review Petition in High Court against the acquitted persons and the state represented by police? On what grounds a Revision/Review Petition can be filed by a petitioner?

Anonymous   24 November 2010 at 10:21

NI Act 138

Dear Sir,

We were 3 partners in a firm at Gwalior. One of cheque from our firm account was missed and was presented at Bank which bounced. my questions are :

1. Some one got signature of my father on that cheque, who is not a signatory in the bank nor a partner in the firm.

2. That cheque also has my signatures and I am a partner as well signatory in bank.

3. other party has made my father accused as a partner of firm, but did not produced any document to support.

4. Cross is going on and we will bring bank records as our defense, which will prove that my father is not partner neither a signatory.

5. I and any other partner in firm is not made party in case.

6. What shoul be the status of case ?

Anonymous   23 November 2010 at 19:17

Bail Surity Paper

Hello

Property papers from Bail Surity, (in original) were taken by court, while granting bail in one criminal case.

The problem is that surity persons are staying away in Haryana, where as case is running in Madurai (Tamilnadu). Now court staff is saying they will hand over the original papers only to surity persons, and not to accused. It is practically very very difficult for surity persons to visit Tamilnadu because of financial and time constrants.

Now what is the remeady...

(i) can the court send the original papers to surity, by registered post, at their residence address??

(ii) Can accused or some other person, can collect original papers on behalf of surity. If surity persons request the same with affidavit, from their state, i.e. Haryana?

(iii) Can court retain the original papers after accepting the bail papers from surity??

(iv) what are the remedies available to surities .

Please answer in detail, sir...


Thanks & Regards

Anonymous   23 November 2010 at 19:10

Prosecution Witness statement and Cross examination

Dear All
In My case, the trial has just commenced after framing of charges. Now court has summoned two prosecution witness for recording their statement.

My querry is , that cross examination is done on the same day, after recording of statement or it is being done on next date or at other time, please clarify.

Thanks All

Anonymous   23 November 2010 at 18:09

sec 138

IF WE FILE A CASE UNDER SEC 138
(BOUNCING OF CHEQUES)AND GOT IMPRISONMENT OF THE BOUNCER SHALL WE DESPOSIT HIS COST OF IMPRISONMENT IF SO WHAT IS THE RATE