Anonymous
20 February 2010 at 01:26
whether the accused can give defense on affidavit
My client has real estate business. During his good days he went to one temple , he offered a post dated cheque Rs.One lakh . Due to the heavy losses in the business, his living condition is miserable. The temple authorities deposited the cheque for payment.The banker returned the cheque with the endorsement insufficient balance.
My questions are
1. whether my client will be prosecuted as per section 138 NI act?
2.Whether the temple authority have any legal right to recover the amount from my client?
I want to ask that does the high court have the power under section 482 crpc to quash the criminal poceeding of sessions court in which sou moto cognigence is been taken by the sessions court ??
deepak
18 February 2010 at 15:47
Respected Sirs,
An authority was given to 'Mr. X' an employee of the company to file a complaint before Magistrate. After filing the Complaint 'Mr. X' [an employee] left the Job. [but before the matter being finally decided]
substitution of authorized representative was not done. [i.e. substitution was not carried out]
Subsequent after some time 'Mr. X' re-join the company and continued as authorized representative with respect to said pending Complaint.
Now the matter is on board on regular basis..
is the authority given to Mr. X on earlier occasion is valid with respect to said Complaint? [as Mr. X was not an employee of the company for some time in between]
Thanks
Anonymous
18 February 2010 at 14:09
hello,
I need to know any authority on the following facts.........
That that husband has been directed to pay maintanance to her wife and revision hasbeen filed against the said order.
The point i would like to know is that one witness was examined in defence of husband's case and his examination in chief was recorded but the cross was deferred as court timewas over.On next date the presiding officer was on leave and on next date an application was moved for adjournment as the said witness was not present but the said application was rejected and the court passed the order and as such the testimony of this witness was left out of consideration.
The point i would i like to know whether the matter can be remanded in these set of circumstances and is there any authority in this regard.
Anonymous
18 February 2010 at 12:36
sir,bank memo main cheqe dishonour ka reson para 16 main no account\account close on advise likha tha. magar apradh vivran main insufficiant fund likh diya gaya.parivadi ne 215 216 ka aavedan dekar apradh vivran main sudhar ki mang kari,jismain maine objection karte hue kaha ki 215 216 varant mamle ke liye hai.138 summon mamla hai,jisme apradh vivran 251 se 259 main badalne ki koi vyavastha nahi hai,aapki kya openion hai.
My client is complainant in 498 A of I.P.C case, now my client wanted to withdraw the case, presently the case is in Crime stage and police did not file charge sheet till now, due to her complaint her husband Central Govt Job lost, there is no income Department ordered as after closed the 498 a case then job will be reinstated, due to that reason, my client suffering as a humanity hence she wanted to withdraw the case against her husband immediately please suggest sir
My query is (1) if my client withdraw the case in crime stage is there any problem, (2)If after withdraw the case if husband again harass my client is there same value before the Police station (3) If harass my client May give complaint again u/s 498 a is it possible to accept the case by police. if there is any section to withdraw the case immediately please give with full details, waiting for your valuable replies, thanks to all experts
suhasini
17 February 2010 at 22:42
Respected sir,
Is brainwash a crime? If it is then what are the evidence which can help the victim.
Thanking you.
R/Members
I want to know whether against a order of acquittal of magistrate in a gambling case in which maximum sentence is provided maximum one month or maximum 50/- rs. fine,appeal/revision by prosecution is maintainable or not.plz suggest. Thanx
mact
respected members,
a 70 year old person lives with his wife, having no son, and a married daugher(who lives with her husband),
the wife was 65 years old, and gone alone to other town for medical checkup on bus, and while crossing a road, a negligent car driver hits her and caught on the spot, fir lodged, and the wife(lady) brought to hospital where she dies.
now the fact is that the husband and wife had no income other than the old age pension, and a houslehold shop run by both of them,as the husband brings the goods for sale and women sold them, and women also earning by old age pension and cloaths stiching, and by making sweaters,
now i am confused that under which section i file the claim petition u/s 163-A or 166 because i want to help the poor man, so that he may get good compensession.
plz guide me how and under which section i file the petiton, and who are the necessory witnesses ? the person who take the women hospital and lodged fir is a necessory witness in claim case?