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rohan   31 October 2010 at 20:25

impersonating in bank account openiing & transacting

Hi forum,

I have a query . A person " A " and person " B " are close friends and do lot of business together based on trust . A works in a broking company( on fixed salary ) , this company pays commission to people registered as Contractual employees of client accounts on brokerage earned fromt he client account .

B enlists as contractual employee and some clients who belong to A are introduced through the name of B . Certain commission paymnets are made to B which B encashes in his bank account and shares with A .

Due to certain differences, B starts defaulting in returning the portion of the money and A gets a joint bank account opened in name of A & B using B's docuemnts in his possession and encashes future commission in that joint bank account without B's knowledge.

B came to know about this and now is filing complaint about this bank account and transactions done without his knowledge . B is blackmailing A to return the entire money around 8 lakhs to him in case he wants to avoid police action - There was no role of B in this earning and he is trying to take advantage of the fact that his name was used and money routed in his name .
what legal remedy can A have to save himself . He realises his guilt and wants to rectify the same . he should not have routed the clients through B.

rajendran   31 October 2010 at 20:06

Under section 451 of Cr.P.C.

A steeld 15 soverign godl ornaments from B. B Lodged a complaint before the Concern jurisdication Police Station. After investigation a case has been regisered under section 379 and above said jewells are recovered from A in the form Gold Bisscuts. The Police official remanded said gold bisscuts before the Magistrate. B filed Petition under section 451of Cr.P.C. But the learned Magistrate refuse give said gold bisscuts and he insisted Counsel of B that B mentioned size and shape the jewells in the complaint but the police officials produced in the form of Bisscutts hence How the the court is return the Property to the B and he insited to produce any relavant citation for the same? Whether the decission taken by the Magistrate is correct or not? Is there any relavant citation for the same? what are the remedies are available for B? Kindly solve this problem.

Anonymous   31 October 2010 at 17:39

Cheque bouncing position after surrender of loaned vehicle,

Sir,
Four wheeler loan taken as per HPA and blank cheques were given for installment fixed. Few cheques were dishonoured with the remarks 'insufficient funds' Financier agreed to take back the vehicle and accordingly the same was surrendered to the financier. As per financiers account statement there is a zero outstanding balance after all adjustments but still the financier filed a case u/138 of NIAct. Should this case be contested or I should settle for the cheques amount? Please guide me in the matter.

madhukar   31 October 2010 at 17:33

Cruelty

I had married in 2006. Wife has stayed with me for one month &went back to her maternal house by her own & in 2007 complained vs. us.(me & my Mother)

Police has put up case vs. me & my mother in 2007 under 498 &420 of IPC. We have arrested &released on bail.chargesheet file on in may 2008.

Case is going on, SINCE MY MOTHER IS TOTALY INNOCENT I AM NOT WILLING MY MOTHER TO APPEAR BEFORE COURT, so we are getting dates. Now court is asking to bring my mother in court. My mother is heart patient &earlier she had been jailed for nothing. I don’t want aging her to face court.

I request you to suggest me 1) what I should do so my mother can not face the court.

2.
She has filed case under Domestic violence application u/s 12 for relief’s u/s 20&22 asking compensation Rs.20 lace towards mental agony, torture, emotional distress hardship, harassment etc. & monthly Rs.10000/- per month as maintenance for our daughter in 2009.

Requested court to direct order pay of interim order monthly maintenance @ Rest. 5000/- pm for daughter.

She earns 22000/- Govt school teacher & having her own flat in Mumbai. Flat is locked &she stays with her mother (mother is retired school principal get monthly pension). She says her expenses, & paying E.M.I payment towards flat & car purchase comes around 12500/- & maintenance charge of her flat is 2000/- per month.

I have defended my case. & court have rejected her plea & passed a final order saying that I should pay Rs 1500 per month to baby as maintain ace charge.

I want to get divorce, but do not want to pay a single penny to my wife..

How could I file the divorce case so I should avoid paying a single penny to her? Is it possible?

I have committed a mistake in 2004. Without marrying. I have shown on paper that I have married to some ms. rupali.to get certain benefits from my company. On marrying to my present wife in 2006 I told her about this mistake. She kept silent. Latter on when her ego was heart. She has complained to my company that I had cheated to company.( bigamous marriage) & compels me to resign.( it’s a PSU company)

There was married talks in 2004 with ms rupali & me, but its fails at last moment & she got married to one mr. Rajesh gaikwad in 2004 itself. But as I was already told in my company my marrige is fixed & girl belongs to Mumbai & working. Due to this I got transfer on that basis form Chennai to my home town ( Mumbai). So I avoid to declare that my marrige is failed, instead I was printed false marriage cards in 2004 & submitted to company. & also taken a policy in my name showing that Ms rupali as my wife & nominee. Subsequentely claimed LTA from company.

In police investigation ,this ms, rupali ,her father & mother gave statement that they know me but don’t know why I have done all this & not aware. their daughter(rupali) is happily married with rajesh gaikwad & now with five year kid.

With this back ground Pl suggest me, How should I get divorce from my wife without paying a single penny.

Rahul Deshpande   31 October 2010 at 00:13

Non-appearance of all witness & Complaintat in CrPC 353/34 trial.

My client has been booked by police under CrPC 353/34. The charges have been framed & case came to evidence before magistrate after 8 years. The complaintat is a police officer & retired.After issuing several summons/warrants for more than a year the complaintant & all of the witness did not appear before the court. Presuming that all attempts to compell the appearance have been exhausted - under which section/ rule of CrPC the court may dismiss the case & any case law to substantiate?

rajagopal venkataraman   31 October 2010 at 00:08

malicious prosecution

Chennai Jurisdiction .138 cases were filed against me during 2007 after presenting the installment cheques even after when an award was passed by the arbitration in 2006 for the entire loan amount including the installment amount. The case was contested and during the trail the liability was assigned to another bank and finally loan amount was settled and the bank withdrew the complaint under section 257 and i was acquited .i want to file a prosecution case against the original lender and claim compensation .What is the scope on the outlook Thank You

mukesh gupta   31 October 2010 at 00:04

sec 138

i have a matter against me u/s 138 but at the time of cross my advocate couldnot come and the judge closed the cross and rejected application u/s 311 now what i can do?

Y Singh N Rajput   30 October 2010 at 21:30

S-138 Negotiable Instrument Act

Managing Director of a Public Limited Company filed a suit under S-138 of NIA. No resolution was passed by the Company to appoint him its legal representative i.e., MD did not have POA to contest a legal case on Company's behalf.

On cross examination the plaintiff admitted that there was no resolution passed.

Whether this is enough ground for dismissal of the case or all facts of the case are yet to be recorder at the trial stage?




M.A.BHARATHI   30 October 2010 at 17:51

Entroling bogus members in Electoral voter list...

Dear sir,
What is punishment for a Govt official who encorages (By not doing a proper field inspection)entroling of bogus members in Electoral voter list?

Anonymous   30 October 2010 at 14:20

467, 468, 511

Dear All
My dad got arrested in 28 aug 10 with ipc 467, 468, 511 as his name is not in fir also got arrested by accused statement as he is with me and no recovery has been made of docs from our home we got rejection in sesson court and in high court we have to take back appeal now the days are almost 65+ past waiting for charge sheet to be filed in 90 days as advocate says to me i want to know the case is on based of just xerox fake copy recovered from accused home not from us and entire case is on xerox copy no transaction is been made in bank no amount is been withdrawn or cheated kindly let me know wht i need to do as i have really financial probs pl help me i m from ahmedabad call me on 7600769181 pl help