Anonymous
06 September 2010 at 08:50
Sir, my husband signed and gave a cheque issued in my favour by the bank authorities with out my knowledge for the discharge of his debt decreed by the civil court and now they filed a case u/sec 138 against me...am i be liable for that act.....kindly guide me properly
S.D. Singh
06 September 2010 at 08:23
Whether it is mandatory for IO to record the statement of accused before submitting charge sheet against him. If not recorded and submits the chargesheet, what remedies are available to such accused.
S.D. Singh
06 September 2010 at 08:18
Police filed a charge sheet u/s 420/467/468/471 . The court issued BW against the accused . However accused noticed from the case diary as submitted by police to the court that police has falsely recorded his statement in his diary that he has confessed his offence. Now what remedies are availabe to the accused . Whether he can file any application to the lower court objecting about his statement recorded by police before bail application. OR he can refer the matter to higher police authorities / state for re-investigation of the case by recording his corrcet statement.
Narain chand mittal
05 September 2010 at 20:33
AS I am not registered as expert in this column. So i am giving my opinion in this query forum, if anybody disagree with me after going through the cited citation, please let me know with reason.
Yes, a private complaint can be maintable for offences committed in the court like 193,195,196,209 IPC as per five judge bench of Honourable Supreme Court in a case named Iqbal Singh Marwah and Anr. Vs Meenakshi Marwah and Anr Decided On: 11.03.2005 cited AIR2005SC2119.
Narain chand mittal
05 September 2010 at 19:45
one sends notice to another in an Envelop actually putting notice in it, but other side giving reply that he got empty envelop(for just buying the time or whatever may be reason). My First question is what to do in this matter, one simple answer may be "send another copy" but I want to know if there is any other answers. My second and most important question is what should a person sending notice do at the time of sending notice, so that after getting notice, if one denies, it can be proved that notice was sent in envelop and it is not an empty envelop, in another words how can it be proved that notice is actually sent and it is not an empty envelop, what to do at the time of sending notice so that even if after getting notice, it is replied that envelop in an empty one, it can be proved that it is not empty one.
Anonymous
05 September 2010 at 15:51
IS a private complaint maintable for offences committed in the court like 193,195,196,209 IPC if not give authority
Anonymous
05 September 2010 at 14:30
police submitted chargesheet aagaist the accused person showing him as absconder. Trial magistrate issed NBWA against the accused.
question is whether before issuing NBWA whether the trial court was required to follow any provision of law and if yes then what are those provisions? And if no
whether the accused shouid prefer a criminal revision u/s 401 Cr.P.C. or criminal petition under section 482 Cr.P.C.?
Anoop Deshpande
05 September 2010 at 12:15
Can anybody send me format of the sworn statement to be filed by the complainant in Private Complaint u/s 138 of NI Act???
Member (Account Deleted)
04 September 2010 at 19:18
I have the below order for arrest stay from Allahabad high court in a 498A case. The order says that after mediation the case shall be listed in the second week of September and until then the arrest of petitioners is stayed. My question is that the case is not yet listed and not likely to be listed till oct as mediation dates are in october...so would it meen that unless the case is listed and heard after report of mediation centre the case shall remain stayed and arrest of petitioners would be stayed until then.
In case mediation fails then what would the court decide as the case in lower court is stayed and chargesheet is not yet filed.In case the Mediation fails then what would happen on the listing date in HC would it be transferred back to the lower court. In that case what would be time when we apply for bail as the date its dismissed from HC so would it mean that we are absconding till the time we apply for bail or HC will give some time to us to apply for regular bail.
Order Extract below:
Hon'ble Imtiyaz Murtaza,J.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners and also learned Additional Government Advocate.
The argument substantially is that fraught relation emanating from matrimonial bickering escalated into launching of criminal proceeding vide Case Crime No.14 of 2010 under Sections 498-A, 323, 504, 506, 377 and 494 I.P.C. and Section 3/4 of Dowry Prohibition Act P.S. Mahila Thana, district Allahabad.
Having considered the arguments advanced across the bar, we have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties. While referring the matter to Mediation Centre with the consent of the petitioners, it is directed that the petitioners shall deposit a sum of Rs.10,000/- with the Mediation Centre by way of Bank draft drawn in favour of Mediation Centre, High Court, Allahabad, out of which a sum of Rs.7000/- shall be payable to the respondent no.3, victim and the remaining amount shall be kept for being utilised by the Mediation Centre. The amount aforesaid, it is further directed, shall be paid over to the respondent no.3 on her appearing before the Mediation Centre on the date fixed. The amount aforesaid, it may be clarified, are meant to meet expenses to be incurred for attending mediation sessions at Allahabad for the respondent no.3 and the person escorting her. The office upon deposit of the Bank draft shall issue notice within one week to the respondent no.3, i.e the wife calling upon her to appear in the Mediation Centre at Allahabad High Court on a date to be indicated in the said notice stating therein that the Bank draft deposited by the petitioners shall be delivered in the Mediation Centre on the date fixed. The said notice shall be served upon respondent no.3 through C.J.M concerned. It needs hardly be said that both the parties shall appear either on the date fixed or on a future date as may be agreed before the Mediation Centre for reconciliation. The Centre shall submit a report within one month from the date of parties appearing before it for reconciliation. The case shall be listed in the second week of September, 2010 along with report of Mediation Centre.
In the meanwhile, the arrest of the petitioners in the aforesaid case shall remain stayed.
It may be made clear that in case, there occurs default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date or dates fixed, the interim order staying arrest shall cease to be operative and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the Bench concerned for passing appropriate order in the matter.
It may be clarified that the case will not be treated as tied up to this Bench shall be listed before the appropriate Bench. Copy of this order will not be issued unless steps are taken. Order Date :- 13.7.2010
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