Anant
08 April 2010 at 06:31
1. What is the time taken for magistrate to give a decision u/s 138?
Anonymous
07 April 2010 at 19:35
I had issued stop payment instructions on a cheque issued by me. Without sending me a notice as required by Section 138 of Negotiable Instruments Act, I have received a summon from Metropolitan Magistrate, 10th Court, Andheri, Mumbai asking me to appear in person before 20th Court, Mazgaon, Mumbai.
The letter has been posted at Girgaum Post Office and the complaint enclosed is not signed and the papers are not complete.
I would like to know the following:
1. Can Metropolitan Magistrate of 10th Court, Andheri ask me in person to appear before Metropolitan Magistrate of 20th Court, Mazgaon.
2. Why is the letter posted from Girgaum Post Office as the sender is Metropolitan Magistrate, Andheri
3. Why is the complaint not signed and all relevant papers not enclosed?
Please advise me as to what action I should take as I have not been issued a notice as required by Section 138
Advocate.S.A.Siddiq
07 April 2010 at 15:01
In Negotiable Instument act sec 138, case filed. accused not present before the court, the court declared proclaimed offender, properties of accused are not attached, in this position , can we get exparte order from court? ( with the punishment order u/s 174A IPC ) Please explain my dear experts...
Kumar Doab
07 April 2010 at 14:52
Kindly advice what all can be done.
A is a Manager with a Life Insurance Company.
His bosses wanted to trap him in a case of malpractices, and to end his employment and also to blackmail him so that he does not sue the company legally.
The sale of Insurance Policies of the company has been low for almost one year in all branches for all Managers, and the bosses were exercising pressure to fetch business by any means or resign or face termination of service.
The insurance agent sources the policies from the clients and the client has to fill up and sign the proposal form, and has to provide self attested proofs of his identity, address, date of birth, photo, payment by cheque/DD/cash etc. The original documents of the client are to be seen by the agent or mangers of the company, and on the self attested photocopies they have to record that the originals are seen and verified by them.
First insurance agent, then A checks the file to ensure that all process of the company are followed, then the PA of Branch Manager and then the Operations staff of the company checks the file of the client, and the checking by Operations staff, in the branch is final, and if they find any lapse they send it back to sales staff i.e. Manager and agent, and when they find it OK, they send it to HO of company for the issue of Insurance company.
In one case A received one file back from Operations Staff with some objections to clear, and A finds that he has never submitted this file, and that his signatures ( his usual initials) are forged, agent's sign are forged and in fact this agent after getting licensed, immigrated to foreign country and never submitted any business, the photo- voter card- phone number-address-of the client is fake, the cheque of the customer is fake ( and later on enquiry from the bank it was found the cheque is of Dead Bank account owned by PA of the Branch Manager). A found that this was done to trap him and the handwriting on Proposal form, cheque, and other docs is of PA and BM.
One day before A was informed that he has been terminated.
A took away the file and later gave a copy of all docs in file to Zonal HR Head, Boss of BM, with verbal complaint. Nothing happened. Company has recorded the file has not come back from sales.
The issue is about 6 months old.
Anonymous
07 April 2010 at 11:23
Complainant has mentioned in its complainant that payment was made against bill discounting facility but 4 representations have been made 2 on advocate to advocate basis and 2 in the presence of the Ld. Magistrate but the complainant has failed to produce the discounted bills, is their any remedy.
Can process be intiated u/s 91 of Cr.P.Code
Thanks
Arvind Singh Chauhan
07 April 2010 at 08:36
A files FIR 380 IPC in UP that his vehicle has been stolen by accused. Later on A reached to accused's home town UTTarakhand and lodges another FIR 411IPC. Accused has been arrested by Uttarakhand Police and sent to judicial cusrody in persuance of FIR lodged in Uttarakhand.
Sir ! Which court has jurisdiction to try the case. If accused seek bail from Uttarakhand whether UP police can arrest him again due to FIR lodged there?
T.Srinivas
06 April 2010 at 22:53
Respected experts,
one of my client wife filed dowry case u/s 498A, in the same case police have filed charge sheet against the my client, the court is not yet framed charges,the matter is posted for orders of the regular bail of my clients father and mother, now wife is compromised with my client and she is residing with my client since 2 months, she wants to withdraw the complaint, plese any one suggest me what is the procedure to withdraw the complaint filed by the wife?
suman
06 April 2010 at 21:31
Respected Learned Sirs pl clarify urgently.....
My tenant has been involved in certain frauds from my residence, which has come to light. I am facing problem and plan to see him evicted on the following grounds.
1. obtaining loans on fradulent names
2. false sworn statement on affidavit for registering office claiming that the rented portion is his own house.
3. offices with false and non existent addresses on the net.
Can I personally book a case with the police for the above.
Sir pl clarify.
Indebted to you Sir.
SUMAN.MCA
Y Singh N Rajput
06 April 2010 at 10:42
The basic feature of this matter is:
X files case u/s 138 against Y for cheque- bounce alleging that the bounced cheque were issued by Y as interest (Rs.1.5L) of the principal amount(Rs.25L).
On cross examination X says that the principal amount was routed by a third party Z though his account and X did not have any source to arrange principal amount. (X was in government service and did not have licence to lend).
I would like to know whether X would succeed in this case? A related judgment may please be cited.
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