Anonymous
25 October 2010 at 15:33
Notice issued u/s 138
Accused refused the notice.
Postal cover of ths 'Refused notice' opened by claimant before submission to court.
Can such open cover submitted as a proof of Refused Notice?
sushil
25 October 2010 at 12:08
respected sir,
i want to know an accused gets punshment in one case by court. will this punishment affect his other case?
thanks
Member (Account Deleted)
24 October 2010 at 23:06
thanks for your kind advice but dear sir there are certain more charges they have put against me as i am absconding from the arrest and i am not living in GWALIOR and case has been filed in GWALIOR. like one charge they have put against i is keeping illegal relationship with my cousin sister and they don't have any proof, without proof they are framing cock and bull stories,almost three months has been passed. police is also involved in this case since they are getting good money form my wife side and they have written in there report they my mother had beaten my wife against those scratch which had been made on the date of filing FIR.please advice me what can be done against my wife as my mother is so weak to beat anyone and i know her she even does not harm anyone but she is looking for a good amount from us.please help my family an i to get rid of this fake allegation i will be so greatful to you please help us and name some good lawyers of gwalior
Anonymous
24 October 2010 at 23:06
2ND NOTICE WITHOUT REDEPOSITING THE CHEQUE AS 1ST NOTICE NO PROOF OF RECEIPT.
I was working for a company before hospitalization after Heart Attack. Company refused to pay my dues till I repay my Loan – and insisted to hasten the installments / prepay part of the loan. I agreed to their suggestion.
Director of the Company visited my residence along with a guarantor to collect the Current cheque dated 13.09.2010 in lieu of total of 6 installments which were due 15.12.2011 onward and another 11 installments and issued two cheques dated 13.09.2010 for a value of part of Debt from my debtor and one cheque dated 15.09.2010 issued by a guarantor for balance due, with the verbal promise that they will encash the current cheque s after credit is received in my account in the bank.
They encashed my current cheque on 14.09.2010, But stopped the payment of all the three cheques. When approached they insisted that I pay current cheque for balance of Installments and then only they will consider my request to pay my dues.
After waiting for two weeks I re-deposited two cheques issued by company – got it bounced/ collected Bank Memos. I also visited my Bank for Conditional Stop Payment, but on insistence by Bank issued simple stop payment instructions for 11 PDC issued by me. To safeguard my interest I prepared the letter addressed to Company to inform them the decision of Stop Payment of 11 PDC issued by me giving reason i.e. their failure to pay me i.e. details of dishonour of 3 cheques and demanded the payments, were mentioned in the letter dated 29.9.2010.
I am aware that letter was delivered to company on 6.10.2010 – but till today I have not received the Acknowledgement slip i.e. I did not have a proof of receipt of notice.
I got issued one more notice – prepared by a qualified lawyer on 19.10.2010 – demanding payment of two cheques.
My question is
1) Whether my case get in validated due to issue of two notices ?
2) If 1st notice is received by the company – but in absence of any proof as regard to proof of service – I will be constrained to file the case based on 2nd notice. Whether accused can exploit this situation?
Member (Account Deleted)
24 October 2010 at 22:21
dear friends,
i am the victim of this 498-a and my entire family has been made victim what to do i have been charged of keeping relation with my own maternal sister,which is far from reality.they got published all cock and bull stories about me and my sister. my father and brother has been molested by police.and police personal kept on suggesting my wife that without any mark or injury they would not be able to launch complaint so it would be better if she could make some scratch marks on her forearm. what she did too.thanked god my entire family got the bail except i. now will i get anticipatory bail and how please inform ?
Anonymous
24 October 2010 at 21:04
The bank was requested to return blank cheques in its custody given as security and accept fresh cheques as the old account was being closed.
bank never returned the cheques and the account was closed.now the bank has deposited one of the cheque after a dispute and was returned for the reason 'A/c. Closed'and case filed u/s. 138 of NI Act.
Will friends help me with reference and links to judgements favouring the respondent/accused.
vinod bansal
24 October 2010 at 20:41
R/Experts
I moved a bail application us 438 crpc before sessions court,which was dismissed as withdrawn,filing of 2nd bail application us 438 crpc before same court is permissible/maintainable or not.Kindly suggest Thanx in advance
Rita
24 October 2010 at 17:58
Hi, I am residing in Malaysia and my other half is from India but would be joining me soon here. We are looking for a dedicated lawyer to give us tips and advices on how to progressively defend ourselves against a possibly 498A FIR. Pls contact me here with ur brief introductory. We have a reasonable budget but we are not rich. We want a genuinely honest lawyer not someone who wants to take advantage by making money.
Thanks heaps!
Anonymous
24 October 2010 at 17:15
Sorry, this is my repeated query as previous was upside down:
1. I bought an auto as a loan from a nationalized bank in the year 2000 under Prime Minister Rozgar Yozna (PMRY), keeping all my certificates of educational qualifications as securities.
2. In the year 2001, Bank Manager under personal enmity filed an FIR in the local police station in the pretext of Criminal Breach of Trust that I have sold my Auto to some other person before clearing all EMI dues to the bank.
3. The same day I was arrested, later released on bail. And the Auto was seized by the police, which died a natural death in the police station and still lying as crapes there.
4. The case went on stretching till today, and my certificates returned back only a few months back, after I have already become over aged for any kind of competitive examination.
5. Magistrate is well convinced that I have been victimized. Now the case is set for hearing tomorrow in the court of judicial magistrate.
The said Manager has already been terminated two years back under misappropriation of the public Money.
Now, I want to claim compensation for (a)illegal detention, (b)deprivation from appearing any interview, (c) keeping my auto to death and non functional at police station till date, as the present bank manager is threatening me to deposit remaining EMI of the bank loan.
What do I do now to claim compensation?
i) can I claim tomorrow before the Magistrate by/without filling additional affidavit or
ii) shall I file fresh money suit for the compensation after the case is disposed off. If so, will there be case of limitation Act, as the case initiated in the year 2000. Please help.
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Sec 138 NI Act
Notice issued by claimant (payee) but same is not perfect.
Neither refusal / nor acknowledgement receipt received for this notice for 27 days - except a letter from postal department that they are trying to locate the reigstered letter.
Notice draft reviewed by advocate / corrected and this corrected letter sent as a notice by advocate on behalf of claimant (payee).
Can case filed within 20 days from date issue of such notice - assuming that notice is received by the accused?
If no then wiat of howmany days?