s.loganathan
22 August 2010 at 02:37
Haunted by episodes taken place more than 3 years ago. A nasty experience with an incorrigible banker whose conspiracy of yesteryear is being revisited as nightmares of today.
I received a legal notice for dishonor of cheque drawn on my account. I send a reply notice disputing the issue of cheque to the complainant and put them on notice that action will be taken against their misadventure. I lodge a police complaint against the complainant and the former bank manager( to whom I had at that time given the cheques for the loan arranged by him at the bank ) and also the bank. That episodes took place 3 years ago. When the police station did not take any action, I complained to the Commissioner of Police. Soon after, I made a newspaper publication through my lawyer exposing the criminal misadventure and the police complaint and warned punitive action against, in the event of, any other cheques in this nature cropping up. My account with that bank had been dormant for more than 3 years, after the scandal perpetrated by the manager then. At that time I had made numerous complaints to the management of the bank and as a result the manager was transfered abruptly. When there was no steps taken by the Commissioner, I made a private complaint u/s 156 and was ordered accordingly for the police to investigate and register a case, and report within a month. Its been more than a month and there is still no action.I have been served summons by the JM Court for having taken cognizance of a complaint u/s 138 of NI Act. My wife (an ailing heart patient having undergone several surgeries) has been also served with a summon to appear when she is not a signatory to the purported cheque. The account is a joint-account but it is not a company or firm to attract section 141. I have seen many judicial writtings that forbids exercising provisions of 138 on non-signatory. On the day of summons, I attend and for my wife, her lawyers forward a dispense petition u/s 205 alongwith her vast medical records & 317. The magistrate practically threw the 205 application back to my lawyer and refused to hand my complaint copy and insisted that my wife should be present & reposted appearance to 3 days later. My lawyer advised that we move the High Court u/s 482 for dispense and quash for my wife as there were numerous precedents by higher courts for the same. The next day, my lawyer asked my wife to sign High Court vakalats (though memo of appearance filed by advocate is enough). This made my wife anxious and discomfortable. We had got the Cr. OP numbered & listed for the same date as summons appearance. My wife's BP raised alarmingly and had been taken to her cardiologist whom after examination admitted her into the CCU immediately. After two days during the appearance in court, I had been present and my wife's presence was requested to be dispensed with again u/s 205 and 317. Even as my lawyer was handing over the applications the magistrate retorted shaking his head and voicing that he is going to dismiss the 205 application. Simultaneously, my law was crying out that she is admitted in CCU and the hospital certificate is produced. Within the blink of the eye, the complainants counsel defied in open court that he himself had seen my wife in public(heavenly impossible). My advocate instantly made an outcry that the counsel should be moved for perjury for making such an outrages claim. Surprisingly, the magistrate shouted at my lawyer, "..brother, I cannot dance to your whims and fancies" and passed over the proceeding. I am ordered by the court to go wait outside. While waiting outside the court hall, I could see all the lawyers talking among themselves and soon after they step out onto the corridor opposite to where I am standing and have further talks. Thereafter, my lawyer comes to me and tells me that the other parties are going to plead no-objection to the 205 application. I'm surprised and utterly shocked at my lawyers statement, who immediately walked back into the courthall. I immediately sent a sms to my lawyer, telling him to leave the 205 application to the magistrate's prerogative and pursue the charge of perjury and contempt against the counsel of the complainant and the complainant himself under vicarious liability. We had already fastened fraud and forgery on the complainant viz-a-viz our legal notice and police complaint and private complaint in court. Further, we had already made application in High Court to quash the proceedings against my wife by the failed appreciation by the magistrate when taking cognizance against my wife. More alarming is the fact that, at the first appearance the magistrate whilst throwing back the 205 application told my lawyer that "if his wife does not want to come to court, then ask him to approach the complainant and settle the amounts". After the blatant lie made in open court exposed the criminal conspiracy orchestrated by the complainant and his nefarious lawyer, I was again called into court,(only to find my lawyer and the opposite counsel missing except their juniors) and this time the magistrate without making any hue and cry allowed the 205 application. He called me to the front and again told me that "why don't you settle the matter with the complainant, when your wife is a sick person and she need not be troubled". That is all that he spoke and he did not even ask me whether I plead guilty or not guilty, lest pronounce the charges. I feel that I am being subjected to pressure by reason of the unilateral comment by the magistrate,and the 'overtures' by the magistrate to "settle the amount with the complainant" and that pressure is of a kind that raises a serious prospect that I will be denied justice by means of a fair trial. When contempt of court had been committed (perhaps even perjury), it is unbelievable that this court has remained a mute spectator without taking any action against the perpetrator. Also alarming is that the opposite counsel, a judicial officer in his order, is capable of resorting to unethical conduct in as much that he actually interfered with the administration and due course of fair justice.
It appears my lawyer is reluctant to pursue the contempt/perjury angle as it would be an onslaught onto his fraternity.It also casts aspersions on the ability of my counsel to discharge his duties loyally and properly, I guess thats all for duty of care.
Should I file a complaint? If so, Which forum to approach? Will human rights help? Should I move to get my case transfered? If so what is the procedure? Pls help!
Ajit
21 August 2010 at 22:26
A police officer facing vigilance enquiry in punjab in 2007 submitted his statement before enquiry officer that he send his son to Austria from there he went to england at his own level.He got good job over there and sent Rs 1650000/- to him through western union money transfer which was credited in his salary account.But he never submitted his son's passport with visa stamp of austria and england sponsership documents,work permit,address of his employer,residential address in UK to enquiry officer.The amount of Rs 1650000/-was sent by differnt person except his son.Actually he went UK illegally and worked illegally in UK and later caught by UK police and imposed fine and deported to India in 2005.His son got married with US girl in Jan,2009.His son got fresh passportat new address in 2009 and went to USA.What offence a police officer and his son committed by not producing relevant document with vigilance bureau and supressing fact of his previous passport.Whether both are liable for punishment under passport act and IPC.To whom complaint can be made?
Thyagarajan
21 August 2010 at 21:48
Dear Members
A public grievance complaint had been lodged by me against a builder to the police on offences of cheating that is the building he constructed had no approval of local authorities which amounts to cheating under IPC 418 and punishabe under Cr.pc. A complaint against the same builder had been made by me in a civil court that he had not completed a flat as per contract of construction. The civil case is running and numbered. The inspector concerned refused to take my criminal complaint after taking my statement on the basis a civil case is pending .
Can any member advise me whether the inspector was wrong and quote a case in proof of the same?
Regards
Thyagarajan
21 August 2010 at 21:31
Dear Members,
A police Inspector, based on a complaint made to hin by owner of a flat , on matters connected with parking facilities in the complex , has asked the Secretary(who can be sued)of the Association of owners of flats to appear in police station on Monday he 23rd August 2010. On question by me(another flat owner) having concern on the procedure adopted by the police whether an FIR has been made and the secretary was given a copy of complaint the answer from the police SI was in negative. Can any member advice whether the Inspector(who just visited the complex) can ask an accused to appear before him when he had made no FIR nor given a copy of complaint or start an investigation? Also should the inspector have decided on the offence committed under IPC? Can the accused refuse to appear when there is no FIR? An early answer from an expert will be appreciated in view of short time left before the secretary
regards
Abdul Latheef
21 August 2010 at 15:16
Respected Sirs,
Am permanent resident in Rajaghiri Vilage, Papanasam Taluk, Thanjavur District, Tamilnadu. As of now am doing my higher studies.
On 16.10.2001 a Panchayat Board election was conducted by Honourable Election Commision India, where my mother contested as President candidate.
On the event of the above there was dispute arose between the opposite candidate and us, on which the opponent candidate husband unlawfully gathered several hundred of goondas after election is over and destroyed our house , cars and hurted my father and his supporting cadres. On this account local police have registered a case against them on Crime No. 335/2001 under IPC 147, 148, 336, 324, 506(II) and 3(I)TNPPDL ACT.
But the opponent candidate husband have good influence over the local administration and local police with the good political support, in which he influenced local police to file a counter case on us on Crime No. 336/2001 (My father, me and other cadres) under the sections of 147, 148, 341, 324 and 506(II) IPC for making compromise for the earlier case registered(335/2001) . Later we got Anticibatory from Honourable High Court of Madras and bail from The Chief Judicial Magistrate, Thanjavur.
I have not recieved the summon as am out of station for my studies.
Still the case is pending for almost nine years before Honourable Judicial Magistrate, Papanasam.
My query is about THE TAMIL NADU JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) RULES, 2001. The case is registered when i am 16 years and 7 months old. But recently i understand from my father that a warrant has been issued against me from Honourable Judicial Magistrate, Papanasm to appear in the court. As am 16+ years old at the time of registration of case now am 25 years old. Please advice me whether i can take the help of Juvenile Justice Boards for seperating me from the other persons and to prove am not at guilt as the case filed is case in counter. Other wise i should appear before Judicial Magistrate, Papanasm.
Also please advise me the procedures and concern person to relieve me from the fabricated case.
Regards,
Abdul Latheef.
Anonymous
21 August 2010 at 14:14
My wife filed 498A against me, we agree for mutual divorce, she is helping us for quashing it in high court, after my and my wife appread in 498A Quashing case (482) in high court the judge after confirming from us our divorce date (final decree date), said to our lawyer that the 498a will be quashed when we show him the divorce degree no need of clients only the lawyer show the court the divorce decree . In true copy of the case "All the disputes prevailing between them have been settle amicably, their petition for divorce by mutual consent has been fixed for verification on certain date.
Since the offence is punishable under section 498A of IPC is non compoundable. IA stands dismissed with the observation that effect of compromise shall be taken into consideration while considering the petition the petition finally in the light of decision of the APEX COURT in BS JOSHI V. State of Haryana(2003)4SCC 675 followed. As prayer for matter be listed for final hearing on given date." I want to know Do my wife have power now to refuse to withdraw 498a after above high court decision, or she can demand anything if any lawyer suggest her
dipankar
21 August 2010 at 13:57
If someone has lodged a case against somebody and while withdrawing the case does he legally require to have the other part’s consent or can he withdraw the case without letting him know.
Anonymous
21 August 2010 at 13:04
A person is falsely implicated by Narcotic Control Bureau {NCB}in a Conspiracy case involving commercial quantity for procurement of Contraband Drugs.
The Said accused is suffering from Paranoid Schizophrenia [unsound mind] since 2008 as per medical records. the incident has taken place in the month of JULY 2009
there are 2 issues
Is IPC {general exceptions}applicable to NDPS ACT u/s 84 of IPC which says that nothing is an offence for a person of unsound mind.
As far as i have done my research IPC is applicable to all the laws except for special law and Local Law.
NDPS is not a special law, the same is obtained under RTI.
I want to make sure that section 84 is applicable to NDPS ACT and not just for offences under IPC.
dipankar
21 August 2010 at 11:32
DEAR EXPERTS PLEASE TELL ME THAT IF SOMEONE HAS LODGED A CASE AND HE WANTS TO WITHDRAW IT CAN HE DO SO BEFORE THE TRIAL STARTS FOR THE CASE OR CAN HE WITHDRAW THE CASE ANY TIME HE WANTS.
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sec 324 IPC, whether bailable or non-bailable?
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