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P.C. Joshi   22 October 2009 at 23:10

criminal suit u/s420 IPC

Hi,
Pls advise me whether one can file criminal complaint u/s 138 NIA and criminal suit u/s 420 IPC samultaneously in the following case.

A appointed B as his agent whose role is only to take orders from the customers and collect the payment on behalf of A against certain % of commission to be paid by A.

B by forging some docs and in collusion with bankers collected huge amounts from the customers in his name instead of A, when A came to know he terminated agency and ask B to remit the money collected fraduently. B issues some cheques to A which on presentation bounced. A filed complaint u/s 138. The cases are pending for last 6 years in the courts.

at this stage can A file a criminal suit against B u/ 420 IPC and whether it will be of any benefit at this stage.

regards

P.c. Joshi

Anonymous   22 October 2009 at 22:18

green mark - Offence

Is non printing of a green mark in the label of a pack containing vegetarian product amounts to an offence under Prevention of Food Adulteration Act/Rules?

dushyant saini   22 October 2009 at 20:11

NI act

deat sir,
I have following queries
1) what questions should I ask from the clerk of a bank in his cross examination

Anonymous   22 October 2009 at 15:57

AB pending in HC,Chargesheet Filed,Judge pressing Settlement

In 498A/406 case, AB is pending in HC and in the meantime chargesheet has been filed by the police. Though I have no received any summon from the trial court and I am on interim protection by the HC. Now the HC judge is pressing for settlement and the other party is asking huge amount for settlement.

I am afraid that the Judge may order me to pay huge amount which is totally against the basic priniciples of law and against Supreme Court directions. But you know, the Judges have the discretion and they can do anything and then in order they write such a language such as the pretitioner agreed to pay, he is willing to pay etc..

My lawyer is saying that if we show the judge Supreme Court judgments that AB proceedings are not recovery proceedings and the judge can't pass arbitrary directions while deciding AB, it will hurt his ego and he may dismiss my bail application.

So what should I do now? What is the way to get my AB application listed onto some different bench. Or any other way to get out of this situation.

Arvind Singh Chauhan   21 October 2009 at 21:39

Clerical Mistake in bail order

Sir,
Whether magistrate can correct the clerical mistake in his bail order? If yes under what Sections of Cr.P.C.?
If He does so after the copy of such order has been issued, is it an irregularity?

vinod bansal   21 October 2009 at 20:50

Interim Bail

R/Members
kindly tell me under which provision i can move an application for interim bail of the accused(Juvenile) who is confined in Reform home (jail) in murder case on the ground of his examination to be held from next week.Thanx

dushyant saini   21 October 2009 at 19:09

NI act

sir I want to know these questions?

1) what documents should I bring from the clerk of a bank, in which the cheque was submitted while summoning him, in a cheque bounce case and what questions should I ask him in his examination in chief?

2) what documents should I bring from the clerk of the bank in which the cheque was send for clearence, while summoning him, in a cheque bounce case and what questions should I ask him in his examination in chief?

Manish Kumar Gupta   21 October 2009 at 15:40

Penalty against electricity pole damage

Dear all,

Our company's driver damages a electricity pole and transfarmer five days before in saving a cattle on the road. There is not any FIR by villagers or electricity board till now.

Is there any provisions, so can villagers or electricity board can recover damages from us. If they can file any FIR now. What remedies avaiable to our company

Regards,
Manish

Sameer   21 October 2009 at 11:11

notice period in sec138

is it mandatory to send notice wthin 1 month from the cheque bounce intimation from the bank to the holder of cheque. if not sent wthin one month then what remedy available to the holder.

PJANARDHANA REDDY   21 October 2009 at 07:31

URGENT REQUIREMENT OF N.I ACT CASE LAWS

DEAR EXPERT,

CAN ANY ONE PLS PROVIDE ME THE FULL CASE LAWS OF THE BELOW ::

Where cheques issued as security, on dishonour of such cheque, not offence under Sec.138 of the Act (2001 (2) RCR (Crl.) 75 MP) also see 2002 (3) Crimes 145 ( Raj).


In 1997 Crl. Law Journal 1942 A.P.,

20. Time barred debt: Where cheque itself was issued for a time barred debt, there cannot be conviction under provisions ( 1997 (2) Crimes 658). Where the loan was taken in 1985 and cheque was issued in 1990 and the loan is barred by limitation, drawer of cheque cannot be prosecuted (1997 (1) ALT (Cri.) 509


. Request not to present the cheque : When after issuance of a cheque and before presentation for encashment, a request was made by the husband of the accused not to present the cheque. In spite of the same it was presented and a return. Complaint is not maintainable ( 1997 (1) Crimes 55); 1996 (3) Crimes 385 (Mad) = 1996 (4) CCR 92 (Mad).