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Anonymous   19 November 2009 at 13:42

138


*****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 cheque


Reshma K   19 November 2009 at 11:03

Criminal Courts Jurisdiction

In a metro like Bengaluru, how is the criminal court structured. Can you pls explain.

How can I know where to file the criminal case, whether Judicical magistrate I, II or III. Which provision clarifies that??

Reshma K   19 November 2009 at 10:59

Criminal Courts Jurisdiction

Is there a Judicial Magistrate III Class. Which is the lowest criminal court in a District and the lowest criminal court in a metropolitan city (in Bengaluru).

Anonymous   19 November 2009 at 01:27

Disproportionate Asset Case



I want to engage any helpful expert in the matter on any mutually agreed terms and condition. Basically, I would like to get clarification on various points related to the case.

I would be grateful for any help in the matter.

Reshma K   19 November 2009 at 01:00

Criminal Appeal

Can you explain Criminal appeal in detail taking an example starting from the lowest court and how it leads upto criminal appeal?

How to file, where to file, which sections, can you pls provide comprehensive details on this

Reshma K   19 November 2009 at 00:56

Criminal Petition

What is a Criminal Petition filed? Where is it filed? What is the chain leading upto criminal petition?

Does criminal petition relate to some section of IPC and CrPC. Can you clarify pls

Munish Kumar Garg   18 November 2009 at 22:00

Section 311 - Revision Maintainable

Hello members

I want to know whether criminal revision is maintainable against the order passed U/s 311 CRPC thereby dismissing the application. If so give some citations of Supreme court, Punjab High Court etc.

My next date of arguments is 20th of this moneth.


Thanks

adv. rajeev ( rajoo )   18 November 2009 at 19:43

delay in brining complainant's Legal heirs

Complaint is filed u/s 138 of NI Act, during the pendency of the complaint died, but complainant advocate has filed an application for brining LRs. of the complainant to bring on record after one year of death of the complainant.
In my opinion without delay condonation application such application is not maintainable. There is no provision in the Cr.P.C. to bring the LRs, so in accordance with the CPC delay condonation application will have to be filed.
After the death of the complaianant, complainat abets.
Let me know am I right?

Himanshu   18 November 2009 at 18:53

Notice u/s. 138

We have deposited 3 cheques which was bounced before 2 weeks. Our accountant, without having knowledge about the procedure under section 138 of Negotiable Instrument Act. issued one letter demanding amount of returned cheques. Now my query is can that letter will be considered as deemed notice u/s. 138 or we can issue legal notice u/s. 138 within 30 days of cheque bounced. Please advice.

Member (Account Deleted)   18 November 2009 at 15:11

138 notice second time

First Sec.138 of NI Act notice issued against Mr. B. Thereafter, Mr. B called for settlement and asked to wait for 15 days.

Now, Mr. B denied for settlement, S. 138 notice period passed by 40 day...

Can second time notice U/sec. 138 of NI Act is permissible or what would be a remedy for this?