Anonymous
28 October 2010 at 23:14
A is working for a company B in capacity of Executive director but being paid as a Consultant against submission of montly bills, since March 2008.
Only proof that he is treated as employee is that his presence is recorded along with other staff / workmen.
Company grants Loan - repayable in 30 months - by equal 30 monthly installments.
Due to availability of funds 6 cheques (last 6 cheques) given as security revalidated, for current dates, in February 2010.
Revision of compensation amount requested and agreed. But written agreement not made.
Directors going out of India handover security cheques to A - with MOM that salary of A will be increased and revised schedule of payments will be made for issue of revised Cheque for payment + PDC cheques as security.
A gets hospitalised. Not able to pay two monthly installments.
Company B stops his all due payments demanding refund of full loan.
MOU arrived.
Company B issued cheques to A - in lieu of PAYMENT of his services / hospital bills / other dues.
A issued one cheque equivalent to 6 months installment for payment of loan with the understanding that same will be encashed by Company B after A received credit of cheques issued by company B.
A also issued 11 PDC as a security for refund of balance loan with the understanding that Company B will continue to keep him employed.
Company B fradulantly stopped the payments of cheques handed over to A.
Company also encashed current cheque received from A - going back on verbal promise.
A stopped the payments of security cheques - all 11 cheques - before 15 days from date of 1st cheque becoming due.
A initiated the procedure for Sec 138 NI Act. for bounced cheque.
Questions are:
1. How much timewill be taken - if case is filed within next 30 days?
2. Can case u/s 415 read with 420 if PI filed along with case u/s 138 of NI by A - as the comapny B had malafide intention at the inception - proved by the fact that COMAPNY B encashed the cheque received from A and also stopped payments of cheques issued to A - within 16 hours from time of transaction (EXCHANGE OFCHEQUES)?
3. As A has done stop payments of 11 pdc SECURITY cheques - each per month - whether Company B is entitled too file cases agains A u/s 138 - when payment is stopped for valid reasons - as these payments were not legally enforceable due to non receipt (stop payments of cheques issued by B) of his due payments?
Anonymous
28 October 2010 at 21:37
Dear Sirs,
How the witnesses' deposition is considered while disposing or bringing the accused to the book in the case?
There are 3 witnesses & a complainant of a family who have suffered in crime of theft & abuse & threat to life.. If there is no similarity in their evidences on some points,due to slip of tongue or pressure/confusion, how does judge come to a conclusion while booking the culprits?
Please guide.
Anonymous
28 October 2010 at 21:25
Dear Sirs, Please guide.
I am CW 5. As per the complaint I told everything right during my evidence, but in cross exam., I was confused & the point was perceived differently. On the day of crime/theft we were abused/threatened with life this I told in evidence, but in cross exam, it was printed or may be I told ( when paper came for signature) I noticed that it was mentioned that, accused did not abused or threatened us. That was key point. We have one more evidence of witness of a lady is remaining. Out of 4 witnesses 3 are over with both evidence & cross. One witness is remains to be examined.
1.How Important it is?
2.Does this thing going to affect us adversely in the case?
3.Can this be rectified by the last witness?
Please guide.
rajendran
28 October 2010 at 18:56
A lodged a complaint regarding his twowheeler theft before the concern Police station. On receipt of the complaint FIR was registered. A filed cliam Petition before the Insurance company. Insurance company directed A to furnish the Final report given by the Police. But the concern Police officer not to take any steps. What are the remedies to A? Whether A can file a Petition before the concern Jurisdiction Magistarate under section 173(8) of Cr.P.C directing the Police officer to file the final report? Is there any other provision available? Related judgements Please sir.
Anonymous
28 October 2010 at 18:28
Dear Experts,
My client avail loan of Rs.300000/- against the goods from a Co. Op Bank in 1999. He was regular customer of bank and pay all the EMI regulraly.In the year of 2000 his business was closed.He has no income source after that and not able to pay the amount of loan so bank file a criminal complaint against him in the year of 2005 and also file a Summary suit in the Year of 2005. Bank get an order in summary case and criminal case is still going on. Now my query is after filing a case in to the police a swell as civil case So shall they ask my client for the payment of money?
Shell they issue notices to my client for the payment of loan?
PLS suggest because they are always follow my client for the payment of loan amount but he has no income source even he is not able to maintain his ruttin life. His wife selling a bengals and the ladies items and eary money for the to survive them selves.By regulaer tourtechring and follow up for payment my client sufferd from Heart Attach two times.Due to complaint file by the bank his all the reputation is going on and he is not in position to go to the out side.
So in this situation what is the legal remedy for me ?
PLS suggest.
Thanks in advance.
vinod bansal
27 October 2010 at 20:52
R/Experts
My client is resident of Rohtak,he received a cheque at Banglore as sale consideration of a vehicle,deal was also done at banglore,lateron cheque was presented for encashment at Rohtak which was bounced,Rohtak court have jurisdiction or not in given circumstances,how i can file complaint at Rohtak,further problem is this accused is a lady so i cannot take a plea that accused lady came here at Rohtak for deal and cheque was given by her at Rohtak.Kindly advice with latest citation of supreme court regarding 138 NI Act if possible so please oblige.Regards
Anonymous
27 October 2010 at 18:49
Dear All ..
I have given 20000 to a freind without any reciept or any security or any cheques.
Now he claims that he has refunded the amount to me .
Is there something I can do to get my money back???
Anonymous
27 October 2010 at 17:40
Acctully my case is 138NI and next date is for argument.I dont know what is argument after argument what is next date please anybody explain me
Thanks
MOHAN ILAYARAJA
27 October 2010 at 17:34
sir,
my client had borrowed Rs.50,000/- for interest and executed two blank promissory note along with two blank cheques for security now he has settled the entire sum along with interest and got receipt only that he had paid Rs. 70,000/- without mentioning the purpose. While so the opposite party is not returning the pro-note and cheques and dragging the same. what is the legal remedy available for my client. mohan_adv@yahoo.co.in
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House Robbery
Respected All,
As on 11.07.2009 house robbery occured, House Maid Is suspect, Released by Police without informing me? Crime Brach and other police station investigate. All documets and prima facia clearly proves the involvement of Police officers of the police station where I lodge the FIR. Crimr branch officer visited the POC in Oct,2010 as per order by commissioner and confirm the robbery is made by opening door by keys as the IO mentioned in all the documents incl remand report that by breaking the latch thief enetred for robbery. In every document Police offcers try there best to help house maid.
Now my question is to whom I clearly told about the involvement of Police officer in this crime? commissioner of that area or IG or DIG or Home Misnister.
Can rearrest of the accuse is possible? Bcoz it 100% about her involvement in the crime.
Request to suggest.