prsmitra
09 September 2009 at 21:43
i am appearing on behalf of the complanant
1) the accused admitting his liability sent an account payee cheque for Rs.45,379/- bearing No.197572, dated 11-10-2007 in favour of our company drawn on Andhra Bank, Chintalapudi and represented that he would have sufficient funds in his account and cheque would be honoured. Believing the said representation, the complainant accepted and presented the cheque in its account at Canara Bank, Inniespeta, Rajahmundry for collection. It is submitted that surprisingly, the said cheque was returned from the accused Banker as unpaid along with return memo dated 15-10-2007 for the reason No.19 account closed to the complainant’s Banker who in turn informed the return of cheque to the complainant on 18-10-2007. It is further submitted that the accused got issued the above cheque to the complainant intentionally and knowing full well as to close of account and that cheque would be dishonoured for that reason and thereby cheated our company.
plz inform that the complainant is maintainable or not
that i am going to argue the matter shorlty.
Accused Banker enter into witness box and state that the accused did not return the cheque book to them after closing the account
riven
su
09 September 2009 at 21:32
suppose if the person delaying sending a notice ("due to illness, admit in hospital for 2 months having Dr. certificate, hepatitis viral bronchitic infection") he can't able to recover the money through court under section 138 & 141 negotiable act, is applicable or not. bank statement is given the cheque is dishonored, due to insufficient fund.riven
eswaramurthi
09 September 2009 at 20:19
whether 89th day of filing challan or final report by the prosecution will be a bar to enlarge 90 days bail to the accused ?riven
Sumir
09 September 2009 at 15:43
Is Defamation cognisable or non cognisable offenceriven
Sameer
09 September 2009 at 13:51
i think you remember me, a new controvercy is created in my case.as i had moved the civil suit against him he immidietly came to me for settelment for the 138 case and accordingly i gave him two cheques for three lakhs and he moved an application before the magistrate that he got all money from me and he mentioned the cheque numbers in his application to the magistrate and he is no more interested in continuining the 138 case further.hon magistrate told us that ho high court has given stay in this case so he cannot pass any order in this regard,so you withdraw from the high court i will pass the order,so i withdrew from the high court and the very next day he has moved an application with affidavit that i want to continue the case, on the other he presented the cheque for clearance.what should i do in this regard sir please advice. events: 31.07.2009: he moved application that he had received th two cheques for three lakhs,and he is no more interested in continuning the case of 138 against me. 04.08.2009: i withdrew from high court. 04.08.2009: he presented cheque for clearance and cheque is cleared from my bank account. 05.08.2009 he moved an application with affidavit that he had not received any cheque from me and i am interested in continuing in the case. Please guide what i can do in this regard. will the magistrate continue the case against me. or he will dismiss the case.riven
Sameer
08 September 2009 at 19:54
Dear Members,
I want to know that whether permanent exemtion is granted in Ni 138 Cases. if yes then i want some case laws.
Thanking You!
Sameer.riven
Sunlawseeker
08 September 2009 at 16:28
Hai to everyone!
My advocate has filed bail for my relatives in one case in which 307 section put. Magistrate has dismissed the petition. What is the next procedure?riven
Arvind Singh Chauhan
07 September 2009 at 18:52
Sir,
suggest me some citation of higher courts that " Investigation done by I.O . in absence of any order authorizing him to invesigate particular case" is illegal.riven
naresh
07 September 2009 at 16:05
A director ofa company retires and board of directors passed his resignation. Form 32 also filed with ROC at the same time.After one year company while working with other directors bounced a cheque.Third party issues legal notice against the company as well as directors.and also includes the name of the director who resigned one year earlier,all knowingly.what remedy lies with that director who resigned almost one year earlier when the company did agreement with third party and then bounced his cheque.Third party malafidely trying to intermediate the director who has resigned.Can they be stopped from moving the court against the resigned director.pl comment.riven
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Custodial Death!
An accused was bought to court on a trial date as trial date was fixed at that day while returning to jail under the supervision of jail authority he the accused was shot to death does it come under the preview of custodial death? Any case law plzzz nybody could provide!!!! the accused was having a nice antecedent recorda!
Regards!
AP!riven