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Kiran Kiran   24 November 2021 at 07:25

Cheque bounce

I have won the case in Lower Trial Court and Appellate court (Case was since 10 years now got the judgement).
Accused was absent on the Judgement day.
Accused went to high court for Criminal Revision, but High court dismissed the petition and ordered him to surrender in the Lower Appellate court for further proceedings.

In the mean while Lower Trial Court has issued an arrest warrant on Accused. but he was absconding, but after 1 and half month Accused was caught. He was sent to Imprisionment, its been past 1 week but till now he did not move any bail petition,
My concern is if he accept the imprisionment then how can I recover the amount, Accused has few properties, Accused is a business and realestate person. If Accused does not respond, can we file EP on the basis of this Judgement?
1) What would be the next step to recover the money.

2) Civil Case : already 10 years passed, can we go for Civil Case

Please given Suggestion

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Anonymous   20 November 2021 at 18:13

Regarding interim order

My case number is Ref: ACM 934/2019 Alipore,Kolkata.
Almost 2 years have passed but the Interim order has not yet issued..
I want to know the case status or stage of my case..
Kindly help me out with this.

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kunhi marakkar   20 November 2021 at 12:52

Bail

Is there a law that bailees have to appear in courtroom to bailout an accused? If the bailees are women, is it enough for them to appear in the court office instead of the courtroom?

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kunhi marakkar   12 November 2021 at 14:57

Cheque case

Sir
I faced a cheque bounce case(CRIMINAL CASE) in year 2002.due to abroad job,i couldn't appear in court.so this case deferred as LP. Now in 2021 ,can plaintiff re start this case? I heard that cheque cases will not come under criminal case by new amendment of law.this case will treat as civil case.is this true?What will happen to non bailable warrant on this case during 2002-2003?Was it return?Can they re issue?

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Anonymous   10 November 2021 at 19:32

Fingerprint while booking u/s ipc 290

Dear revered lawyers in this forum,
Please note I was taken to the PS in 2008 while drinking in a park in my locality. I was put behind the bar in the PS for around 2 hours and then a person who introduced himself as a lawyer came and took Rs. 500 from me. Took my fingerprints on several documents and asked me to go back home. Upon asking him he said it's a case under section IPC 290 and it's a petty case. He also told me that if I want any document pertains to it I could collect it the next day from court or from him directly. He said he would pay the fine on behalf of me. So I never worried about it since then since he said it would be resolved and nothing to worry about.
But nowadays I wonder whether those fingerprints were uploaded into some sort of criminal database of India. I heard that in our country we have such a database present where they store the fingerprints of all the arrests made and convicts. Since I was arrested and then pleaded guilty and paid fine, were my fingerprints also uploaded in that database.

Looking forward to your valuable inputs in this regard.

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Anonymous   06 November 2021 at 00:32

Ipc 338 accident case and imprisonment

My brother is booked under IPC 338 in an accident case. Chargesheet is filed and case is still in appearance stage in court.
The complainant doesn't want to settle and filed an MVOP case for 90 Lakhs compensation and it is still in NOTICE stage in court.

Accident:
My brother was driving a car and accidentally hit a person from the back where the person got multiple fractures.

Our advocate suggested to FACE THE TRIAL.

My questions are
1. Is there any chances of going to jail if convicted during trial?
2. what can be the maximum punishment given to my brother considering the circumstances?
3. what can be done to avoid jail term if he is convicted during trial?
4. My brother is student persuing degree, he holds valid driving license, RC, Insurance and he even took the injured to hospital and paid 3k for first aid.
5. If he is sentenced to jail, his career will be destroyed. what can be done to get out this situation.

we can neither afford to give compensation nor can go to jail. we belong to middle class family.
Please help us and guide to the right path.

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Arjun Arjun   04 November 2021 at 08:14

Bail

Sir,
My estranged wife complained against me in police station after 10 months of leaving my house.
Police called me in July this year. I did not go to police station.My anticipatory bail application was dismissed in sessions Court in August due to no fir registered. My anticipatory bail application is still running in high court. Can police come again and arrest me? Kindly reply

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Balaji Bakthavathsal   01 November 2021 at 06:52

Seeking exemption in giving evidence

In a Criminal case under the Calendar Case filed by the District Crime Branch Police based on the direction obtained from the High Court before the Judicial court under the sections FOUR SIX SEVEN, FOUR SIX EIGHT, FOUR TWENTY AND FIVE ZERO SIX (II) of Cr.P.C., can the prosecution side witnesses seek exemption in attending the court under the section205 of Cr.P.C. ?
These witnesses are sisters of the complainant who were interrogated by the police to ascertain the facts of the offence.
Please quote suitable citation if there is any.
Thanks & Regards

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Anonymous   30 October 2021 at 23:45

Procedure in criminal cases

SIR, COULD I PLEASE BE GUIDED HOW A CRIMINAL CASE PROCEEDS: ONCE SUMMON IS ISSUED THE ACCUSED HAS TO APPEAR IN COURT. ONCE ACCUSED RECEIVES THE CASE PAPERS SHOULD THE ACCUSED SUBMIT HIS REPLY TO THE COMPLAINT FILED BY THE COMPLAINANT? OR SHOULD THE ACCUSED FILE HIS REPLY BEFORE FRAMING CHARGES OR AFTER THE CHARGES ARE FRAMED? IF THE COMPLAINT IS NOT SUPPORTED BY DOCUMENTERY EVIDENCE AT WHAT STAGE SHOULD AN APPLICATION SECTION 91 OF THE CR PC BE SUBMITTED IN COURT SHOULD IT ALSO BE BEFORE FRAMING OF CHARGES OR AFTER FRAMING OF CHARGES?

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RangaRajan J   27 October 2021 at 08:29

Documentary evidence mentioned in fir

Dear Respected Experts,

Brief of Case:
---------------
Wife filed a case u/s 498A & 4 of DP Act. The FIR was registered through court direction (u/s 156(3)). During cross-examination of SHO (station house officer, IO) my advocate asked if a document mentioned in FIR is marked in court. SHO told that it is marked. Immediately my advocate asked the Judge whether it is marked or not. The judge replied that it is NOT MARKED. Actually, the FIR was registered in JM court of Chennai and transferred to JM court of Bangalore due to Jurisdiction.

My Question:
---------------
1) Is it possible for the Judge to get the document mentioned in the FIR, from JM court of Chennai, to JM Court of Bangalore?

2) Would the Judge take the initiative to bring the document in his/her own interest.

3) Is there anything in Law mentioned as a MANDATORY procedure for the judge to demand any documents from other courts?

Thanks in Advance

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