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sushil bhatt   14 July 2010 at 17:52

138 & 142 applicability

Dear All,

I have booked a flat from a builder through their authorised dealer in April 2010 and issued a post dated cheque (say for 10th August 2010) against booking amount since the construction of flats was not started at site. The authorised dealer assured me through mail (under copy to builder) that the construction would be started before 1st August 2010 and if not then I will be entitled to cancel my booking.

Now despite their commitments, the builder is not starting the construction and from the date of booking they are saying that it will be started in next 10-15 days, it seems that they are not willing to start the Construction in near future since nearly 3 months have been passed.

Now I want to cancel my booking. Can I write to the builder and his dealer for cancellation of booking and return the post dated cheque to me since they have failed to start the construction work. In that event, if the builder still presents the said post dated cheque and it will get dishonoured, am I liable for punishment u/s 138.

Pls advise

Manjeet Magar   14 July 2010 at 17:43

138 NI Case

Dear Expert,
I myself Manjeet Magar, from kolhapur just read your article on web. I wish if you could help me through my matter. summary as follows
I was into trading business of cattlefeed in kolhapur district since 2004. We would purchase cattlefeed from Rajarambapu Dudh Sangh, Ltd, Islampur and send them to our customers as transit sale. We were use to renew our aggrement every year and give them blank cheque along with it. The last aggrement we done was in 2007 and had also given a blank cheque along with it. The above company Rajarambapu Dudh Sangh send us notice in 2008 demanding for dues which are actual. I paid them some of the amount from it in January 2009. Then they filed the 138 NI complaint against me providing the cheque which was given in 2007 against agreement. These are some of the details of the case can you please guide me through the matter.

Thanking You,

Regards,
Manjeet Magar

Anonymous   14 July 2010 at 12:00

Cheating by a fellow Director

I had signed the cheque for the payment to be made to some party,but it was misused by my another Director who is also the signing authority (two signs have to be on the cheque). The cheque was issues issued in the name of the wife of that Director, The date of issue is 15/1/2007 & the cheque was presented for clearing before the completion of six months. All these things happened without my knowledge as the Other director involved was MD of our Pvt. Ltd. company, whose registerd office is his home address. So when the cheque got bounced, I didn't have any information. Moreover, the case has been filed against me & the company. Before that, when the notice was sent, I didnot get the information & what the MD as the key person of the company responded is also not known. So pls. guide me on this matter :
1. Can the case be filed against only one director & not the other who is also the signee?

Anonymous   14 July 2010 at 11:32

Change of lawyer because lawyer is playing double role.

Hi there,

I filed a Dv case againts my hubby and inlaws . Now,I have a problem with the lawyer which was given by the protection officer at the time when i filed complaint at the women welfare office.She called up the opposite party and informed that i am filing the case against them and helped to prepare for the case and this made the guy leave India. when i asked for numbering in the court,she said the magistrate is on leave and made me wait till the guy left to US and then she filed in the court. NOw my question is I want to change the lawyer as i am having several problems with her. She also called up them and informed them that i demanded 20 lakhs to withdraw the case and leave the guy. I asked her to withdraw the case,but she is not leaving the case.

1)Please tell me how to change the lawyer as she is the GOVT appointed.What the best i can do in this case?

2)Now i contacted a private lawyer,she is interested in taking up the case and asked for NO Objection from my previous lawyer,but she is not willing to leave the case.

3)I am fighting for reconciliation and my existing lawyer is trying to separate both of us .What to do? Though therez DV,it is from my inlaws and my hubbys portion is less ,so i wanna join back,what can i do?

Please respond soon as my next hearing date is in next week.By weekend,i need to change the lawyer.

Thanks in advance.

Anonymous   14 July 2010 at 10:08

Surety Papers

Experts Please give your valuable suggestion.

on a AB against 498a, the surety papers submitted like 1) pensioners bank papers 2) Ration card 3) property tax

Initially on day one they did accept all papers & after 2 weeks now the PS is calling & saying to present property valuation certificate instead of property tax paper. Otherwise there will be bail timed out?

What is the solution ?

Anonymous   14 July 2010 at 08:49

Whether Petitioner/Lawyer can be booked ?

If any Petitioner or Advocate picks up the pages of torned petition/paper book which lies unattended outside the Court's Office. Can it be booked under the provisions of the IPC? Please inform under what sections?

Ladhu Ram Chowdhary   14 July 2010 at 08:08

sec.227 cr.p.c.

what scope of power of court under sec.227!

Anonymous   13 July 2010 at 22:30

negociabal instrument act section 138

i want to know about what is proper jurisdiction

in my case
i issue cheque at ahmedabad
party present at ahmedabad
return at ahmedabad
all business transaction at ahmedabad
bur company regd.office at mumbai
notice from mumbai
so what is proper jurisdiction?
tell me
send me latest judgement of bombay high court

Anonymous   13 July 2010 at 20:11

compounding of offence

I have a case of 499 i.p.c.(defamation). Both parties ready to compound.
Of the 5 accused, 2 accused appeared once and stopped appearing. Their addresses changed.I am taking warrents against them, but of no use.
In such case, can a compounding purshis be filed. How to go ahead ?

Ganesh   13 July 2010 at 08:59

Harrasment

Daughter in law has an extramarital affair. Abuses and harasses in laws and husband. Uses filthy language. What is the remedy against her.