Kamal Grover
22 November 2009 at 21:06
Supreme court has decided a new case wherein the court has decided that even after getting the clean chit from the police, court can summon or person can approach to the court.
Anonymous
22 November 2009 at 19:24
SIR ,I am a eloctrinic dealer at Moradabad u.p. and facin case under 138 in karkarduma court delhi. An electronic co filed case against me in spite of replacing defective goods as they have my cheque case is 4 years old and i am on bail,Co.was having office at sahibabad and noida and no connection was from delhibut they still filed case in delhi ,i has read some ruling by delhi high court that outstation 138 cases should go outside delhi but my lawer refuses for thatand says there is no such ruling .iwant to know that is my lawer is right and if not how can i trasfer this case to moradabad or ghaziabad,also i am in need of a lawer in delhi.thanks
abdul rahaman
22 November 2009 at 13:30
If a firm is not registered as per sec69(2) of Indian partnership act 1932,
can a criminal case filed by such un-registered firm for breach of trust ,Mis-approprition of funds,etc by it's agents and third parties can be quashed u/s.482
abdul rahaman
22 November 2009 at 13:28
If a firm is not registered as per sec69(2) of Indian partnership act 1932,
can a criminal case filed by such un-registered firm for breach of trust ,Mis-approprition of funds,etc by it's agents and third parties can be quashed u/s.482
kranthi kiran
22 November 2009 at 11:32
High Court dismissed the first Anticipatory Bail application, with a direction to suurender and seek bail from the regular Court. The regular Court was directed to dispose the bail application expeditiously. The Offence committed by my client is 353 IPC. The allegation is that he objected the police constable from performing his duties while some dispute was taking palce between two political rival groups.
My client is not willing for surrender. Can we file anticipatory bail application for the second time. Please provide some citations, wherein it is held that, there is no restriction on the no. of anticipatory bail application.
Anonymous
22 November 2009 at 09:33
Thanks for previous reply to all.
i have two more queries about bouncing of cheque.
1. In case, if time limit of filing the case u/s 138 of NIA is over but validity of cheque ( as six month ) is still there
WHAT ACTION CAN BE TAKEN NEXT FOR FILING THE CASE IN THE COURT.
2. IS it neccessary to send notice to party in case of bouncing of cheque through lawyer or court.
I SIMPLY SENT A LETTER BY REGISTERED POST TO PARTY ON 11/11/2009 & INFORMED ABOUT BOUNCING OF CHEQUE GIVEN TO ME.
WILL IT BE ASSUMED AS NOTICE OR SIMPLE INFORMATION TO PARTY.
HOW MANY DAYS ARE LEFT WITH ME TO FILE THE CASE IF PARTY DOES NOT PAY ON 30/11/2009 AS THEY FINALLY COMMITTED.
Anonymous
21 November 2009 at 23:20
The date on cheque issued to me is 23.10.2009 but it has got bounced. I sent notice to builder but he is requesting to not file case upto 30.11.2009 & he will pay the amount.
If i wait AND date of filing the case is OVER AND builder DOES NOT PAY, CAN I AGAIN DEPOSIT THE CHEQUE IN THE BANK WHICH WILL BOUNCE AGAIN DEFINATELY.
CAN I AGAIN SEND HIM NOTICE ETC & FILE THE CASE AGAINST HIM U/S 138 OF INSTRUMENT ACT ?
PLEASE ADVICE ME.
Anonymous
21 November 2009 at 22:36
I LIVE IN FARIDABAD. I APPLIED FOR A PLOT TO A BUILDER WHO HAVE OFFICE AT NEW DELHI. I PAID HIM RS. TWO LACK AS INITIAL AMOUNT FOR BOOKING & REGISTRATION OF PLOT. BUT BUILDER COULD NOT GET APPROVAL FROM CONCERNED AUTHORITY & CANCEL THE PROJECT. HE GAVE ME A CHEQUE WITH INTEREST OF ICICI BANK ASHOK VIHAR NEW DELHI.
AS I LIVE IN FARIDABAD & HAVE BANK ACCOUNT HERE AT FARIDABAD SO I PRESENTED THE CHEQUE HERE WHICH GOT BOUNCED. I SENT A NOTICE TO HIM BY REGISTERED POST FOR GIVING MY PAYMENT IMMIDIATELY BUT HE IS NOT LISTENING.NOW,I WANT TO FILE A CASE AGAINST HIM UNDER SECTION 138 OF INSTRUMENTAL ACT. PLEASE INFORM ME
AT WHICH COURT, I SHOULD FILE CASE AGAINST HIM AT FARIDABAD COURT OR DELHI COURT.
I HAVE PERMANENT HOME AT FARIDABAD & BUILDER HAS HIS REGISTERED OFFICE AT PITAMPURA DELHI.
Rajneesh Madhok
21 November 2009 at 22:13
--- On Sat, 21/11/09, rajneesh madhok wrote:
From: rajneesh madhok
Subject: Fw: Fraud of Rs. committed by branch Manager of Rs 13,87,000/- company not releasing share certificates
To: "Share Market Ombudsman"
Date: Saturday, 21 November, 2009, 9:41 AM
To
The Share Market ombudsman,
Sir,
Kindly look in to the fraud made by
Fortune Equity Brokers (India) Ltd,
Registered Office,
2nd Floor, K.K. Chambers, Sir P.T. Marg, Fort,
Mumbai, Pincode: 400 001 , Tel-022-2207-7931
Email: admin@ffsil.com
Regards,
Rajneesh Madhok
--- On Sat, 21/11/09, rajneesh madhok wrote:
From: rajneesh madhok
Subject: Fw: Fraud of Rs. committed by branch Manager of Rs 13,87,000/- company not releasing share certificates
To: admin@ffsil.com, gtroad@ffsil.com, ludhiana@ffsil.com, phagwara@ffsil.com, amritsar@ffsil.com
Cc: chandigarh@ffsil.com
Date: Saturday, 21 November, 2009, 9:37 AM
Fraud made of Rs 13,87,000/-. Fortune Equity Brokers India Ltd not releasing shares of Rs 15 lakh. Fraud made by their Branch Manager. Company has illegally kept in its custody the shares.
Fortune Equity Brokers (India) Ltd,
Registered Office,
2nd Floor, K.K. Chambers, Sir P.T. Marg, Fort,
Mumbai, Pincode: 400 001 , Tel-022-2207-7931
Email: admin@ffsil.com
THE UNDERMENTIONED STATEMENT PROVIDED BY MR. ANIL SONI, BRANCH MANAGER, FORTUNE EQUITY BROKERS (INDIA) LTD, JALANDHAR OFFICE.
--- On Sat, 21/11/09, rajneesh madhok wrote:
From: rajneesh madhok
Subject: Fraud of Rs. committed by branch Manager of Rs 13,87,000/- company not releasing share certificates
To: "Bimal Khemani" , "Dr. Arun Agrawal"
Date: Saturday, 21 November, 2009, 9:23 AM
“WRITTEN AGREEMENT”
Mr. Parmod Nayyar authorized me to deal in stocks, shares/equity and so he handed over me shares amounting to Rs 15 Lakh to me and my wife Mrs. Nidhi Soni and on his instructions I started the trading in account to 4050019. After getting details of his account on 26th Oct 2009 Mr. Parmod Nayyar came to know about the deals in commodities and derivatives conducted by me without his consent. Now we have entered in to a written agreement that a token amount of Rs 2 lakh will be handed over to Mr. Parmod Nayyar on 7th Dec 2009 in cash. The amount of Rs 2 lakh had been agreed in the presence of Mr. Rajneesh Madhok, Mr. Bawdeep Cahusar, Mr.. Parmod Nayyar, Mrs Sonia Nayyar, Mr. Naveen Sharma & Mr. Pardeep Sharma. The agreed amount of Rs 2 lakh will be paid on 7th of Dec 2009 and the rest of the amount will be paid in 4 installments. The details of the amount is as under:
1. On March 15---3,00,000
2. On July 15-----3,00.000
3. On Nov 15------3,00,000
4. On Feb 15-------2,87,000 (Balance amount)
According to written agreement in case I fail to give the agreed amount then as security I will give the details of security on Dec 7, 2009. Mr. Parmod Nayyar will be authorized to recover the amount submitted as security by me. The Agreement also states that if secrurity mortgaged/ Pledged will be furnished the detail regarding that is free from litigation/ mortgage in the past. The owner of the security with name/ consent will be furnished on Dec 7, 2009. I hereby submit that Power of Attorney as capacity of owner will be furnished alongwith the token amount. Now I state that I shall provide NOC (No objection Certificate) if the said property/ security under mortgage. If the agreement is violated then Mr. Pramod Nayyar will be empowered to file suit/ Police case to recover all dues . I have previously assured to pay all the above said amount up to 30th Nov 2009 but now the amount has been stretched to the above mentioned dates. As this is the case of fraud/ cheating and I admit and confess that Mr Pramod Nayyar will not trust upon me. All the present parties who are present in the meeting assured that the above agreement will be abided by Anil Soni/ Nidhi Soni. Mr. Pramod Nayyar has also sent a notice to me/ Nidhi Soni/ M.D. of Fortune Equity Brokers/ Mr. Naveen Sharma and which they have received. The misrepresentation of facts and misuse of funds have been done. The fact was hidden from Mr. Pramod Nayyar that the trading in commodities and derivatives will be done. I have made the above mentioned transactions to the tune of Rs 13,87,000 by deceiting Mr. Pramod Nayyar. If I could not fulfill my promise the case of fraud, misrepresentation, cheating breach of trust cab be filed / placed on me and Mr. Pramod Nayyar can sue me and my wife Mrs. Nidhi Soni in consumer court for deficiency of service and with litigation recover the monetary loss and compensation whatever the honourable court will decided. This agreement has been made by me without any pressure will fully and in the company of above mentioned persons.
Parmod Nayyar 20/11/09 Anil Soni.
(PSM FEBIL)
20/11/2009
WITNESS::
Sd/- Sd/- Sd/-
Rajneesh Madhok Bhavdeep Chausar Sonia Nayyar
20/11/09 20/11/09
By Speed Post November 12, 2009
The Senior Superintendent of Police,
Kapurthala
SUB: REQUEST TO REGISTER CASE FOR FRAUD, BETRAYAL AGAISNT MR. ANIL SONI & NIDHI SONI U/S 419, 420, 467, 468, 471 AND 120B OF THE IPC.
1. PARMOD KUMAR NAYYAR, COMPLAINANT
24-A, MODEL TOWN,
PHAGWARA
PH: 01824-260724 (O), 261048 ®, 098881-32331
2. SONIA NAYYAR,
24-A, MODEL TOWN,
PHAGWARA
VS.
1. ANIL SONI, BRANCH MANAGER,
FORTUNE EQUITY BROKERS (INDIA) LTD,
#130, RANJEET NAGAR, PAP LINES, G.T. ROAD,
JALANDHAR
PH: 0181-469101617 (O)
RESI: H.NO. 630, BASANT AVENUE, AMRITSAR.
2. NIDHI SONI, BRANCH MANAGER,
FORTUNE EQUITY BROKERS ( INDIA) LTD.
72-A, TILOR ROAD, OPP. AGA HERITAGE CLUB, AMRITSAR.
PINCODE: 143001,
TEL: 0183-2810011-26, MOBILE: 98786-11782.
RESI: H.NO. 630, BASANT AVENUE, AMRITSAR.
REF: 1. ANIL SONI & NIDHI SONI ARE HUSBAND WIFE.
3. ANIL SONI’S JALANDHAR BRANCH IS UNDER NIDHI SONI’S AMRITSAR BRANCH BOTH HAVE MASTERMINDED TO PLAY GIMMICKS AND DEFRAUDED WITH MR. PARMOD KUMAR NAYYAR AND SONIA NAYYAR, AS PER THEIR VERSIONS ATTACHED.
Sir,
In the light of complaint pending with the Managing Director, Fortune Equity Brokers (India) Ltd, Mumbai since 7th September 2009 (Copy enclosed) with no response from the concerned Managing Director, Mumbai no follow up the the Managing Director and his concerned officials. As this is the case of fraud and the case kindly be registered against the offenders and in the light of decision placed below on irregularities committed by SAID MANAGER Mr. Anil Soni and Nidhi Soni I hereby request to register case due to illegalities, corrupt practices and corruption.
Yours faithfully,
Rajnesh Madhok,
(Registered Member Core- Consumer Online Resource & Empowerment Centre)
B-xxx/63, Nehru Nagar, St. no. 2,
Railway Road,
Phagwara-144401 (Pb)
Ph: 01824-262569 (O), 268210 (R), 094173-06415
Tele-fax: 01824-262569, E-mail: rajneesh_madhok@yahoo.com
--- On Sat, 7/11/09, rajneesh madhok wrote:
From: rajneesh madhok
Subject:
To: admin@ffsil.com, gtroad@ffsil.com, ludhiana@ffsil.com, phagwara@ffsil.com
Cc: "Bimal Khemani" , amritsar@ffsil.com, chandigarh@ffsil.com
Date: Saturday, 7 November, 2009, 8:08 AM
----- Original Message -----
From: rajneesh madhok
To: admin@ffsil.com ; gtroad@ffsil.com ; ludhiana@ffsil.com ; phagwara@ffsil.com
Cc: amritsar@ffsil.com ; chandigarh@ffsil.com
Sent: Saturday, November 07, 2009 5:59 PM
Subject: Notice of Dispute by Parmod Kumar Nayyar client code 4050019
PHAGWARA BY SPEED POST NOV 07, 2009
Parmod Kumar Nayyar,
24-A, Model Town,
Phagwara Appellant
VS
1 Managing Director,.
Fortune Commodities & Derivatives (India) Ltd,
Registered Office,
2nd Floor, K.K. Chambers, Sir P.T. Marg, Fort,
Mumbai, Pincode: 400 001 , Tel-022-2207-7931
Email: admin@ffsil.com Respondent
2. The Branch Manager,
Fortune Commodities & Derivatives (India) Ltd,
# 130, Ranjeet Nagar, PAP Lines, G T Road, Jalandhar , Pincode: 144001
Email: gtroad@ffsil.com Respondent
3 The Branch manager,
Fortune Commodities & Derivatives (India) Ltd,
SC0 No.3, 1st & 2nd Floor, Bawa Building, Feroze Gandhi Market, Ludhiana,
Pincode: 141001, Tel: (91)–161–4694600–16, Email: ludhiana@ffsil.com Respondent
3. The Branch Manager,
Fortune Commodities & Derivatives (India) Ltd,
Ohri Tower, 14A, Model Town, G T Road Phagwara, Pincode: 144401,
Tel: (91)–1824–468500–08, Email: phagwara@ffsil.com Respondent
CLIENT CODE: 4050019 PARMAOD KUMAR NAYYAR
SUB: DISPUTE BETWEEN PARMOD KUMAR NAYYAR & FORTUNE COMMODITIES & DERIVATIVES (INDIA) LTD. BRANCH MANAGER MR. ANIL SONI CERTIFIES BALANCE OF RS. 2,38,320=41 WHEREAS HEAD OFFICE SENDS DETAIL OF DEBIT BALANCE 11,41,740=14.
Sir,
Dispute between Mr. Parmod Kumar Nayyar & Fortune Commodities & Derivatives India Ltd has been arose. The issue raised by Mr. Parmod Kumar Nayyar is as under: Mr. Parmod Kumar Nayyar Appellant has declared that if the Respondent failed to entertain the complaint and sorted out the complaint within 15 days the matter will be put before the appropriate authorities for jurisdiction.
1. That the statement sent by Head office, Fortune Commodities & Derivatives (India) Ltd is not correct statement as sent by Respondent No. 1, to the Appellant, as there is a difference of Rs 9,05,419=73 in the statement provided to the customer by the Branch Manager Mr. Anil Soni certifying total debit balance of all segments including Shares/ Commodities/ Share derivatives/ NSE/ BSE/ as on the above date. Rs. 2,36,320=41 Dr.. I confirm the above debit as on 24/09/09 Sd/- (ANIL SONI) 26/10/2009 and the account statement supplied by Head office For Fortune Commodities & Derivatives (India) Ltd, Mumbai shows Debit balance of 11,41,740=14 Dr.
2. That as per factual scenario shows that the amount which is certified by the Branch manager is correct whereas the company don’t respond to the representations made by the Appeallant.
3. The respondent if not rectified the account statement then the appellant have to file the case before the District Consumer Dispute Redressal Forum for settlement of dispute and the forum will be requested to direct to the opposite parties to pay the compensation for the physical and mental harassment caused by the respondents.
4. That the Debit balance certificate issued by the Branch Manager as per the authorization and certificate has been issued to the complainant.
5. That as a consumer the case will be dealt under Consumer Protection Act, 1986. So, it is the final notice served to the Respondents to avoid unnecessary delay in sorting out the dispute. Self attested certified copies provided by Respondents declaring variation of Rs 9,05,419=73 (Nine lac five thousand four hundred & P. 73) is attached herewith.
(PARMOD KUMAR)
24-A, MODEL TOWN,
PHAGWARA,
THROUGH RAJNEESH MADHOK,
B-XXX/63, NEHRU NAGAR, ST. NO. 2,
RAILWAY ROAD,
PHAGWARA-144401 (PB)
PH: 01824-262569 (O0< 268210 ®, 094173-06415
TELE-FAX: 01824-262569, E-MAIL: rajneesh_madhok@yahoo.com; rmadhok_pgm@bsnl.in
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dishonour of cheques
Friends,
I seek your guidance on the following issue.
A Ltd has filed two criminal suits abainst B for dishonour of two cheques. The cases are pending before the court.
B had earlier made payment by three drafts(prior to dishonour of the cheques in question). In the court B's produced copies of those DDs alongwith a covering letter stating that the DDs are gainst the dishonoured cheques. But this is not ture the DDs are aganist other dues and no such letter was given by B to a ltd. The court asks for evidence of A ltd either to accept or deny B's statement.
I want to know ;
In this case on whom burdon of proving genuineness of B claim lie whether on A Ltd or B.
What legal defences is available to A Ltd.
Regards
P.c. Joshi