Dushyant Bhatamule
09 November 2010 at 21:04
In the private complaint of defamation(non cognizable offences) after recording of verification of complainant, can Magistrate of first class pass the order of inquiry under section 202 without going to step for directly issuing of process??
If yes, clarify legal position,
If no, clarify legal position
vinod bansal
09 November 2010 at 20:25
R/Experts
I am representing accused in a complaint us 138 NI Act,after charge evidence has closed and accused statement us 313 crpc has also recorded,now case is fixed for 22 Nov for final argument,a compromise has been effected in between parties,we both side counsel prayed in the court that in view of compromise,complainant want to withdraw his complaint,but Ld Magistrate said that after taking cognizance and recording of after charge evidence now it is a state case and court declined our oral request and further asked (Orally)to deposit 10% amount I.E. Rs. 20000/- as compounding amount in view of latest judgment of Honeble apex court.Accused is not in a position to pay Rs. 20000/- as compounding fee/amount What we have to do in given circumstances.We suggest the court for Dismissal of the complaint on next day on the ground of absence of complainant,but court refused,kindly suggest as accused is very poor person,in this case i further realized that on the one side Courts/Govt are stressing for compromise via Lok Adalat and Mediation centers,even in civil suit court fee is also refunded in case of compromise,on the other hand in given case,court is adopting a contrary stand,its double standard policy as i think and is against judicial system. Regards
Anonymous
09 November 2010 at 17:33
myself booked with IPC 304A,201,34.
yet after 2 1/2 years with submission of chargesheet no charges framed
can i demand further enquiry/investigation/interrogation, n how, n where, n under which section
Sukhvendra singh
09 November 2010 at 17:17
sir,
A false 138 case is filed against party A by party B and the chq. has been falsely implanted in the case
because party A was having good friendship in past with party B but currently party B is not having any type of relationship with party A and due to good relationship party B was in regular touch of party A and in past took a blank chq. signed by party A to deliver to a party for payment but at that time the party went out of station and later party A forgot to recollect the chq. from party B.( N.B. the payment to the party was given through different chq. ) Now the chq. presented in the court has signature, amount filled in figure & words by party A which is true but the payee name and date are in writing of party B and the time difference between these two writings is of 2.5 years approx.
Now I want a expert opinion from a agency ( Say FSL etc) against below mentioned points and court has taken coglegence and party A has been granted bail and at this stage party A has requested to court for expert opinion about chq. for below mention points:
a) Handwriting on the chq are of how many persons ?
b) Whether the different handwriting on the chq. is of same time if no then how much time difference
is there between them.
c) Can it be found by carbon dating process or any other method and that report is legally valid or not.
the council of party B has stated to court that it is not possible at this stage.
Kindly reply to me at an earliest for so and please provide any ruling in support of so.
Sukhvendra singh
09 November 2010 at 17:15
sir,
A false 138 case is filed against party A by party B and the chq. has been falsely implanted in the case
because party A was having good friendship in past with party B but currently party B is not having any type of relationship with party A and due to good relationship party B was in regular touch of party A and in past took a blank chq. signed by party A to deliver to a party for payment but at that time the party went out of station and later party A forgot to recollect the chq. from party B.( N.B. the payment to the party was given through different chq. ) Now the chq. presented in the court has signature, amount filled in figure & words by party A which is true but the payee name and date are in writing of party B and the time difference between these two writings is of 2.5 years approx.
Now I want a expert opinion from a agency ( Say FSL etc) against below mentioned points and court has taken coglegence and party A has been granted bail and at this stage party A has requested to court for expert opinion about chq. for below mention points:
a) Handwriting on the chq are of how many persons ?
b) Whether the different handwriting on the chq. is of same time if no then how much time difference
is there between them.
c) Can it be found by carbon dating process or any other method and that report is legally valid or not.
the council of party B has stated to court that it is not possible at this stage.
Kindly reply to me at an earliest for so and please provide any ruling in support of so.
Anonymous
09 November 2010 at 16:10
in a criminal case, the judgment was pronounced on 15-05-2010 and the lower court orders are set aside by the high copurt. the judgment copy was despatched to cbi on 06/07/2010. the case was in favour of the appelant i.e. employee of central government. how many days is allowed to c bi to go for appeal to supreme court new delhi on the judgment. if not what is the legal position
kindly inform at the earliest and true position by any expert
thanks
Anonymous
09 November 2010 at 14:43
Money was paid to contractor for execution of some civil work. He neither executed the work as per contract not submitted bills/ vouchers for expenses incurred by him. Whether any criminal case may be filed against him. If yes under which sections.
Anonymous
09 November 2010 at 13:50
where a wife has allegaed all the false staemets and false fir with intention to dishonest claim can it is possible to give compaint into court with appeal to run both the case simultenoulsy on such false statement made by wife on oath which can never be proved?
my ipc sec with the abobe are 191,192, 195, 200, 205, 209, 210, 211, 499, 500, 504, etc
Punit Gupta
08 November 2010 at 21:26
what is the limit of imprisonment in a Life sentence?
is it 14 years or what..?
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IPC 420, 409 and 120B
I would like to know some details on one case. There was a agent of the Govt office who stole some Post Office KVPs, NSC and with the help of post office staff he en cashed those NSC and KVPs. He withdrawal around 5 Lakhs amount from Post office. However these NSC etc pledge with the Govt office of state. When post office conduct a internal audit and found that these KVPs and NSC money taken out with a fraud. Then a FIR was launched again the person who stole the NSC and KVPs.
Current status of the case is, he went behind the bar for 15 days and come out on Bail. And during his interrogation he point out some official name in the scam.
Now he has deposited all the money back into Govt account but police has taken few officials under 120-B and court issued an arrest warrant against officials.
The Head of the department send an letter to SSP requesting to withdrawal of case because all the money is now in govt account.
Is that any possibility of case can be close or any other option for the official to get out of the matter. Please suggest.