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lingaraj kalawad   19 June 2010 at 19:54

Defence against sec-138

Hello sir,
PLEASE SEND UR VALUABLE SUGGESTIONS REG DEFENCE:
Mr.X(MY BROTHER) HAS TAKEN A LOAN AT (BANK)

BY MORTGAGING THE PROPERTY,HE WAS RUNNING

A SHOP.IN DUE COURSE HE BECAME A

DEFAULTER.IN THE MEANWHILE I WAS GIVEN A

CHEQUE IN THE NAME OF X'S SHOP FOR SOME

OTHER PURPOSE WHICH I DID NOT CLLECTED

BACK.MR.X HAD GIVEN THE SAME CHQ TO THE Y

(BANK)WITHOUT BRNGNG TO MY NOTICE.ACTUALLY

I AM NOT A GUARANTOR NOR A SURITY TO THE

SAID LOAN.NOW THE BANK 'Y' HAS FILED A

CASE AGAINST ME(SINCE ONE YEAR)& TILL DATE

THE BANK AUTHORITIES HAVE NOT DONE

EVEDENCE ON THEIR SIDE.BANK HAS SANCTIONED

THE LOAN ON THE DATE PRIOR TO MY CHQ DATE

(ABOUT 1 WEEK).THERE IS NO LEGALLY

ENFORCEABLE DEBT OF MINE AND I AM NO WAY

CONCERNED TO THE SAID TRASACTION.PLEASE

SEND YOUR VALUABLE SUGGESTIONS IN THIS

REGARD SIR.
Regards
LINGARAJ.

Anonymous   19 June 2010 at 17:04

House robbery on 11/07/09

If DCP reinvestigate the case by order of Home Minister and Addl.CP Crime and his report he mentioned that 1) No finger Prints, Dog Squad or photographs taken 2) Spot Panchnama also changes as Panchas get objection themselves in front of ACP at the time of reinvestigate 3) N0 immediate arrest to accuse even if name is mentioned in FIR as suspect. 4) Weight of jwellery whoch is stolen is also differ in FIR, Spot Panchnama and Remand Report and IO also accept the mistake.

This report is lying in comissionerate office but no action is taken even afetr several reminders and I think final summery is also submitted by IO but no any information to me even court is also not called after 20 days complited for submitting of final summery. What Can I Do?

Can I request magistrate to reinvestigate the case throgh crime branch?

Can I file a writ petition in High court bcoz the report is lying in comissionerate office and then also no action is taken?

Request to suggest the same.

Anonymous   19 June 2010 at 16:24

Discharge Format

One of our client has been booked under PITA. He owns a Hotel which he has rented to some party. He is not involved in the said crime personally, but he has been booked as he owns the place. Can he appeal for the discharge form the said matter, and is there any specific format of discharge application which he can submit to the court?Pl. send me such format.

sushil bhatt   19 June 2010 at 16:13

Bailable Warrants

A bailable warrant has been issued againt a witness in a criminal proceedings by MM court. Now what can be done to avoid further consequences.

Anonymous   19 June 2010 at 15:20

What is the way of enforcement of the orders passed under DV

I want to discuss all the learned companions that whenever a magistrate passes and order under Protection of women form domestic violence 2005, what is the next way to enforce the same? Example i got an order of 5000Rs. per month monetary relief and residence order under DV act but respondent does not obey the court order then what is the way???

Anonymous   19 June 2010 at 14:22

Section 219. (of Indian Penal Code)

Sir,
A public servant has manipulated the record of a judicial proceeding, he has put his signature on a date on which he has not even joined the service. In one date he has shown, my objection which I filed after 2 months from that date. Everything is manipulated and ante-dated. Even final order too is against the natural justice. He has prepared a false document for my opponent for my land. Since I refuse to pay. He has acted with corrupt/malicious intention. This act of him caused me a great damage, mentally physically, financially and has lowered my reputation.
I have filed appeal, but there too it is the same condition, the officer is corrupt.
In this condition what should I do? What are the sections of IPC it attracts? Where shall file the case In Police or private complaint? Can I sue him for damages? Plz. Guide.
Thanks.

Anonymous   18 June 2010 at 19:04

section 506 IPC

when a case under section 506 IPC is pending in one court, can a case be filed under section 506 IPC for SOME OTHER CAUSE OF ACTION UNDER SECTION 506 IPC in the second court. The second cause of action is with in the jurisdiction of the second court.

Partha Roy   18 June 2010 at 08:51

200 Cr.P.C

I had filed a case against a promoter and a bank manager U/s.156(3) Cr.P.C for offences punishable U/s: 420/427 IPC.
After 2 years of conducting investigations the Police has issued a FRT on the grounds that I had filed a case on the same matter before the State Consumer Disputes Redressal Commission and therefore my complaint was civil in nature. However, in our petition of complaint itself it was mentioned that we had filed a case in the Consumer Court and only after duly noting this fact, the Ld. CJM directed the Police to investigate the case U/s: 156(3) Cr.P.C.
We had filed a 'NARAZI' petition against the FRT filed by the Police and the Ld. CJM appeared to be somewhat irritated by the Police Report because it appeared to insult the knowledge & power of the Judiciary.
He then appeared to suggest that the case should be converted to a 'Summons' Case to be tried U/s.200 Cr.P.C and on our agreeing to his oblique suggestion an Order was passed directing that the case should be tried u/s:200 Cr.P.C.
Could I please have the views of our Experts on whether the action taken by us was correct or if there was any other better option?

Anonymous   18 June 2010 at 08:35

section 506 IPC

Sir, a case is pending in a court under section 506 IPC. can a case be filed for SOME OTHER CAUSE OF ACTION in another court, where it is having jurisdiction, on the same accused, by the same complainant, under the section 506 IPC.

Anonymous   18 June 2010 at 01:01

pls help me

Sir, I had taken a personal loan of of Rs.50000.00, I had issued 27 cheques for equal monthly instalments and the loan was suppose to get over by December 2008. They deposited my cheques on the 15th of every month till February 2008, in march they said due to non micr cheques they can not deposit the cheque , as the due date was near I paid installment by cash and insisted they have to return remaining non MICR cheques so that I can swap with new MICR cheques, thereafter they closed local offices.and they never returned the cheques for swapping. Pls note there was no cheque bouncing.
In October 2009 somebody called me up saying he is GE countrywide’s legal advisor and started threatning when I told I will register a case with local police he told me to pay Rs. 10000.00 as onetime settlement , for which I was ready and asked him to give formal letter so that I can make payment after that he stopped calling me
Now today some body from himachal Pradesh police called me up saying there is arrest warrant pending against me and he is going to send the file to local police station, he called up my residence and took my mobile no from my wife who is very much scared now.
He gave me one advocates no in himachal Pradesh, when I spoke to him he said court has sent me two notices and you have not answered ( I have not received any notice from court or any official information from GE). He told me to pay principal amount pending by today afternoon 12.30pm at GE’s agents office.
I need your guidance on this, my question is how can they file case in himachal Pradesh when my cheques were deposited in Chennai for clearance, registered office is in delhi.
Pls help me