rAJAN
21 November 2009 at 16:48
sir,
i have file appeal against the aquittal order under section 420 .in this case there are two accused.
but in appeal i gorgot to metioned the name of one accused, now can i file the amended appeal or can i make an application for the inclusion of other accused.
appeal filed by me is in time but now time limit is expired,
pls give me solution along with case law.
thanks and regards
Vikas Aneja
21 November 2009 at 16:46
If 'A' have issued one blank cheque to his friend 'B'for some purpose. But afterwards their relations become stained and 'A' apply to the bank for stop payment of the cheque. The Cheque was given before seven months but the cheque was not produced in bank for payment. but now 'B' is threatening to 'A' to file a criminal complaint against 'B' under sec.138 NI Act. Whether there is any liability of 'A' after seven months of issuing the cheque.
Anonymous
21 November 2009 at 13:20
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
Anonymous
20 November 2009 at 20:14
Pl. answer me whether documantary proof is necessary for proof of minority to proove the offence U/S. 366 of I.P.C.?
Anonymous
20 November 2009 at 19:18
sir
please give me some information and cases on distinguish between culpable homicide and murder?
selvakumar
19 November 2009 at 20:13
The appelant is convicted u/s 304(A)and undergo sentence for 2 years.
The fact is that the evidence of all eye witness is contrary to each other and non says how the accident took place and not known on whose negligence the accident took place.
The deceased is an school girl aged 8 years who get down from the appelant van. the appelant without noticing her that she was at front of the van driven the vehicle.thus the accident took place.
send judgements to get over
Advocate.S.A.Siddiq
19 November 2009 at 16:14
In 138 NI case, (j.m.Court) Summon served .... accused not appear
NBW issued... not execute... accused not appear before court
Proclamation order u/s 82 cr.pc. passed and published ... accused not appear
in this position ... can we able to freeze the accused bank account u/s.83 cr.p.c? if possible which section is suitable ? Who has power to freeze bank account?If you are having model draft kindly display .
Accused in Delhi... filing JM court is in Tamilnadu ... accused doing MLM business .... the accused firm having only immovable proberty ...
satish
19 November 2009 at 14:55
DEAR SIR
I HAVE ISSUED A NOTICE FOR RETURN CHEQUE u/s 138 .HE HAS 3 POSTAL ADDRESSES
1.MAHARAJA
2.VAVA TEXTILES
3.MAMAS
HE HAS ISSUED ME A CHEQUE FROM MAMAS AND AGAINST THE BILL WHICH IS IN NAME OF MAMAS BUT I HAVE SEND THE NOTICE IN VAVA BY UPC AND IN MAHARAJA BY REGISTERED POST.THE REGISTERED POST HAS NOT BEEN ACCEPTED BY HIM REASON REFUSED .WHILE I HAVE NO IDEA ABOUT THE NOTICE SEND THROUGH UPC .I ALSO DONT KNOW WHETHER HE IS THE PARTNER OR PROPRIETOR IN THE 2 FIRMS i.e VAVA AND MAHARAJA. BUT HE HAS SOME CONNECTION WITH THE SAME .I WANT TO KNOW WHETHER IF HE CAN SAY THAT HE HAS NOT RECEIVED THE NOTICE INSPITE IF HE IS A PARTNER OR PROPRIETOR IN VAVA TEXTILES OR MAHARAJA .ALSO CAN I SEND HIM ANOTHER NOTICE IN MAMAS AND WHAT IS THE TIME PERIOD TO FILE THE OTHER NOTICE .ALSO LET ME KNOW IF WE CAN FIGHT FOR THAT HE HAS RECEIVED THE NOTICE .
THANKING YOU .
Anonymous
19 November 2009 at 13:43
*****case no2 :for the same cheque
138 filed for cheque bouncing case by complainant mr x for Rs 3500000/-against the four accuesed given below
he had his bankers cheque bounce receipt which mentioned
1) payment stopped by the drawer
2) Drawers signature incomplete/requires
accused no1: Is the co
accused no2: partner of accused no1
and brother of compainant mr x
(also ex partner of the
accused no1)
accused no3: parner of accused no1 and son
of accused no2
Accused no4: partner of accused no1 and
son of accused no2
*****case no1 :for the same cheque
filled 1st before the 138
As soon as cheque bounced before the action of complainant the accused no 3 file a complaint in the court for forgery of cheque under sec 156(3)against the Mr x which had a duplicate rubber stamp of co and was a 10yrs old stolen blank cheque of the co certified by the bankers of accused no1 that it was a 10yrs old cheque
order was passed against mr x was arrested on cheating and forgery charge. case was going to start cheque was with the I.O. send to the forensic expert
present status:
****case no 1: mr x expired and the case is also finish since the accused is no more
****case no 2: original complainant mr x expired and the case is run by substitute mr y his son
cheque is with the I.O
and application had been filed by Mr y to start the case with secondary evidence xerox of the cheque since I.O. is not sending the cheque to the 138court inspite of several reminder of the court
judgement has to come
please advice
i am accused no 3
i say that this is a false 138case it was a ten yrs old cheque which had been certified by our bankers and it bears false rubber stamp. the cheque had the signature of my father accused no 2 who is also expired
we two brother and partner accused no 3 and 4 had not issued any cheque nor my father and the cheque does not bear our signature
the details of the case is also given below please give advice how do i get out of this false 138 case
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Book on cheque dishounor law & practice
Can anyone suggest a good book on "Dishonour of Cheques" alw & practice containing commentary and case laws therein.
Regards
P.C. Joshi