CATHERINE SETH
06 May 2010 at 09:19
i have a question regarding alternatives available for a person charged with sec 420 , 468 and 471 of teh crpc of the indian penal code ......is quash an option here ? would also like to know the options open for a person convicted for a fraud case ? any settlement option open ?
Anonymous
06 May 2010 at 08:38
what is the credibility of depositions of a DW, if not crossed or denied by prosecution?
Anonymous
05 May 2010 at 23:46
As far as I know, a private individual is authorized to fire to kill/injure as allowed by sections 96 to 106 IPC. Under what sections of law police/paramilitary can fire to kill/injure someone. In other words police/paramilitary are provided weapons to be used under what sections of law?
Anonymous
05 May 2010 at 17:02
I have bank account with ICICI Mumbai which is a centralized account and bank permits me to do any bank transaction from anywhere in India.
Suppose I deposited instrument at Indore (MP) or at Culcutta & the same dishonored. While sending demand notice it is mentioned that the instrument were presented thru my banker ICICI - Mumbai.
1.Is the case maintainable?
2.The evidence i.e acknowledge paying slip shows acceptance at ICICI Indore branch.
3.Is it necessary to mention clearly where you are presenting instrument for encashment?
Please advise.
Anonymous
05 May 2010 at 16:54
RESPECTED SIR/ MADAM
I HAVE GONE THROUGH 138 N.I ACT AND I HAVE LEARNED THE SITUATIONS IN WHICH 138 N.I ACT IS IMPLEMENTABLE.
1.BUT I WANT TO KNOW IN WHAT OTHER CONDITIONS THAT THIS ACT CAN NOT BE IM PLEMENTED AS FAR AS SECURITY CHEQUES ARE CONCERNED. WHAT ARE SECURITY CHEQUES AND IN WHAT CONDITIONS THEY ARE ISSUED.
PLEASE GIVE ME MAXIMUM INFORMATION 'BOUT THAT WITH DETAILS OF SOME CONCERNED JUDGEMENTS.
THANKING YOU.
Sanjay Bose
05 May 2010 at 16:45
An illiterate person want to send a written complaint from Kolkata to the competent authority at Delhi against a public servant through Fax. But the said complainant is unable to read & write any language other than his mother language (Bengali), so how he can make the written complaint ? What is law say ? Whether Fax complaint is admissible under the law. How the complainant be sure that his complaint has been acknowledged as well as registered with the said competent authority.
Please advice me.
ESTHERPRIYA
05 May 2010 at 14:27
Dear Members
One of my client obtained loan from bank and failed to pay the EMI. Now bank filed complaint in Calcutta. The client is in Chennai. We have issued advocate notice to the bank to file case in chennai but to harass the client filed it in calcutta. The 138 notice and cheque presented is in calcuatta. Can i be permitted under law to transfer the case from calcutta to Chennai? what is the procedure and grounds to get a favourable idea? and any judgment with respect to this case?
ashish agarwal
05 May 2010 at 12:25
Respected Sir,
i run an advertising agency. last year from april to november i released almost 19-20 advertisements of my client (pvt ltd company) in various newspapers. against which i took 95 days credit cheques against each advertisements.Client continuously asked me in written and verbally not to deposit the cheques and gave me excuses that they have not got required response from the ads and they are short of money now etc. As a client we gave them some time but one day they emailed us and said to deposit the cheques for some amount out of the total amount on after 20 days and also said that if possibble they might clear some more amount against the due cheques but the thing was that they additionally said that if they will not be able to fulfill their commitment then they will pay us 18 percent intrest. initially i agreed and confirmed them to do that. but on the very nexy day they verbally said to us they their email is no commitment and it is just sent to us for our satisfaction then i immediately emailed them confirming that i have lot of pressure from newspapers to whom i have to make the payment and i can not stop your cheques and additionally wrote that as per our discussion i am going to deposit the cheques so make sure that there is enough balance in your account. Here one point is very important that as asked by the client, i deposited some of the cheques on the date on which client wanted us to deposit but unfoetunately apart from one cheques, all the cheques were bounced due to insufficient of funds. after the bouncing of cheques worth rs. 1.60 crores i gave my client a notices for which they did not care to answer then the we filed 7 cases of cheques bouncing under 138 n.i act in hon'ble court. Time passed by and court issued 2 summons 1 bw and 1 nbw to M.D of the company who's signature was there on the cheques. On the next day of the date of NBW client silently appered in the court but fortunately we got the information and we also appered in the court. Well now client has got the bail but in their bail application they have said that the client issued the cheques as security but we deposited the cheques and filed the case against them so 138 n.i act can not be forced against them. Next date of case is 18 th april,10. Sir we and client both know what the facts are but client is trying to twist the case. we have got work orders of the client/ emails of the client requesting us to delay the cheques and giving us excuses and no where term Security cheques has come but only term PDC is used by us and they have accordingly answered us.
My question is what should be my strategy now in this case as client is trying to be smart with us and trying to proove the bounced cheques as security cheques and furthe delay the proceedings and get out of the 138 n.i act? What should be my prepration/ points on the next date..also let me know what are security cheques and why they are trying to proove the pdc's as security cheques?
Sir, to proove my claim i have got correspondence between me and the client through emails where time to time client is requesting me to hold the cheques or telling me when to present the cheques. otherwise also in my emails i have always used the term pdc (post dated cheques) and accordingly client has replied.
apart from it client also wrote a signed letter to me which he sent through attachment of email in which he gave me details of the cheques with their respective dates and amount and gave me fresh deposition dates...moreover they issued me pdc's against each ad and for the exact cost of the ad (example : ch.3838383 dt 12.12.12 for rs. 123456.00) in many of their work orders also they have wrote a language '' payment of this advertisment is being done by chno. 112222 dt.12.12.12 for 123456.00 (cheque date used to be of after 95 days like their other cheques).
SO WHAT TO SAY EXPERTS....?
M Ravinder Babu Advocate Parka
04 May 2010 at 21:57
Is now any requirment of any existence of law for the magistrates who wantanly harrashes the advocates on one or other cause by returning the cases unnecessarily ,by posting the cases to other days without valid reason,keeping bias.keeping the petitions live without disposing of the cases, giving desisions without applying judicious mind.putting some notions and rest their decissions openions tillthen etc.
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Sec 420,467,471 under CrPC
an RTI has been registered against me and Sec 120(b), 420,467,471 have been framed in the RTI. Although the matter pertains to sale of land which was not registered and the purchaser has been refunded the money in full as per the sale document, the Police is pressing with the above criminal sections of CrPC. My anticipatory bail has been disallowed by the Lower Court and the appeal at the High Court has also been disallowed. Please suggest remedy