Anonymous
17 July 2010 at 17:45
Recently I committed a blunder, in a fit of rage I contacted an individual over the phone and harassed him, such incidents happened multiple times over the course of 4 months but not on a regular basis. I found my self unable to let go of my anger and continued. In context to the calls, it would fall in the category of perhaps bullying a person. Then recently I received a call from a restricted no., the gentleman on the other line informed me that he was a police officer,he informed me that he personally knew the person whom i had been calling and his family, he went on to tell me that my activities had been brought to his notice, he was unclear on whether any charges were pressed against me or not although he did inform me that what I had done could be punishable under the law, he let me off with a warning, telling me to never repeat my mistake again, to the last he was unclear on whether any action was going to be taken and the only unambiguous statement was that I should not repeat my mistake and that this was his first and last warning. He also mentioned that they might monitor my cell phone activity for a while. I am aware of my mistake and at least it's moral implications, I agree that I was wrong and that my actions were shameful but I would like to clarify the following. What legal action can be taken against me? How do I confirm whether or not a FIR has been lodged against me? Is it possible that the police is monitoring my cellphone activity? I have received no written document informing me that my cellphone or any other utilities I use such as the internet are being monitored, does the police require to inform me in such a manner before monitoring me? Is it possible for the police to monitor my personal information and activities over the internet and other utilities such as Skype and my E-Mail? Is there any legal procedure through which I can determine whether my cellphone and all of my internet activity is being monitored by the police or not and if it is then from which date onwards? I would like to clarify that I have absolutely no previous criminal record and no blemish on my record, in this incident I acted contrary to my nature and out of anger.
gaurav
17 July 2010 at 15:14
sir one person has lent around 4-5 lakh each to around 50-60 persons who are govt employee in cash and now he has filed complaint case under sec 138 n.i.act.he does not have moneylending licence and doesnot show that loans in his incometax return.he does nt have any source of income 4m where he can substantiate that money amounting 2-3crores.in one of case we have asked him in cross about these cases and he has admitted the same.nw the matter is in final arguments.is there any citation abt legal enforceability of debt and nw is there any legal remedy available like writ or any other remedy which helps us in proving that debt is not legal.plzzzzzz help us we are poor govt officers in clerical grade and that person has misused 138 by filing arbitarily amounts
ashish agarwal
17 July 2010 at 14:28
Gentlemen, is there any ruling of Supreme court that complainant can not file a single case of more then 3 cheques..???actually accused has got 68 cheques bounced 20 cheques on 1 single date 13 cheques on 2nd single date 35 cheques on 3rd single date. accordingly i have filed 3 cases in the court.
in all the cases summons were issued bw was issued then nbw was issued and finally accused got the bail.
while discussion accused's lawyers mentioned the point which is the basis of my question. plz give me expert advice n if possible the latest verdicts os supreme court in cheque bouncing cases
vinod bansal
17 July 2010 at 13:50
R/Experts
A case of petty offence u/ss 279/338 IPC is pending in the court of spl magistrate and is fixed for p/evidence.Ld magistrate/pp are not closing p/evidence even 18 opportunities has been granted to prosecution for evidence.Only one & only (except injured)eye witness has stepped into the witness box who has resiled from their earlier statement us 161 crpc.Today Magistrate openly stated that unless and untill he is sitting in this chair,he will never close p/evidence,Magistrate further advised to accused to bring the witnesses in the court on his own.I want to file revision seeking direction for closing the p/evidence.Is there any provision so that i can file any case/revision before sessions court (not High court)Kindly help
Rajesh B Shah
16 July 2010 at 16:54
Dear Sir,
A Minor Boy, Age of 17 has committed offence of a pornography. This matter is pending before the Court and I would like to know that Minor can be punished as per Information Technology Act or not ? Interpretation in I.T Act there is a penalty for the offence of pornography but in this case the boy was under 18 and this case is in Juvenile Court. This boy has having bright career in study and he has got Engineering Degree with 85% of Marks. He has got admission in USA, due to bright career and he is getting scholarship from the University. He has got student visa for 5 years and now he has approach the court to get the permission to leave India for further study. If the boy is accepting his mistake then what can be the punishment under Juvenile Act for the offence of pornography under I.T Act
rakesh kumar
16 July 2010 at 16:24
SIR CAN ANEBODY HELP ME , ABOUT A BRIEF DESCRIPTION OF SECTION 311 CRPC AND CROSS EXAMINATION OF ANY PERSON.......
Anonymous
16 July 2010 at 14:32
Can 498a be closed in a PS of Andhra Pradesh.
Other party is looking for compromise?
Right now PS didnot send the chargesheet.
Will the closure happens in court or PS.
Please answer
gaurav
16 July 2010 at 14:24
sir one person has lent around 4-5 lakh each to around 50-60 persons who are govt employee in cash and now he has filed complaint case under sec 138 n.i.act.he does not have moneylending licence and doesnot show that loans in his incometax return.he does nt have any source of income 4m where he can substantiate that money amounting 2-3crores.in one of case we have asked him in cross about these cases and he has admitted the same.nw the matter is in final arguments.is there any citation abt legal enforceability of debt and nw is there any legal remedy available like writ or any other remedy which helps us in proving that debt is not legal.plzzzzzz help us we are poor govt officers in clerical grade and that person has misused 138 by filing arbitarily amounts
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Amendment of Complaint
Learned Members,
My collegue has filed a private complaint u/s 138of NI Act.
In the complaint due to oversight father name of the accused shown as X instead of Y. This fact only came to know at the time of cross examining the complaint. As such now my collegue wants to amend the complaint. Whether can be done? if any ruling please mail me.