Chetan Pardakhe
21 August 2011 at 17:04
That in 138 NI Act case the JMFC Court passed an order against the accused as below :
1) The accused is convicted u/s 255 (ii) CrPC. He is sentenced to suffer Simple Imprisonemtn for 1 yrs.
2) The accused is hereby order to pay compensation amount of Rs. 3,20,000/- to the complainant. In default of payment of compensation amount accused shall suffer Simple Imprisonment of 6 months. The amount of compensation be paid within 2 months from the date of order.
That on the day of judgment the accused is released on bail and he did not either deposit or paid any amount to the complainant and recently he had filed the revision before Session Judge
Pls guide,, what to do and also suggests the relevant section I am for complainant
Regards
M/s. Y-not legal services
01 August 2011 at 01:27
Good morning seniors and my friends. First my thanks to all for your participations for our forum's grow up. Our admin giving such good option to post any query as ANONYMUS mode. I think its only for secure the author from avoid some unwanted problems. But some of our advocate friends misusing that option. For example if they have any doubt or don't know any provision mean they may ask and clear it openly. But they are thinking to post their name as prestige issue. Here no one known everything. Day by day we are learning only. But whats their shame to ask their doubts openly? Why we have to answer to them. More over somebody's querys will be look like teacher's question towards students. And some laymans also doing the same,. If they hide their self with reason mean its ok. Otherwise? Please seniors and my friends just avoid them.. And Take necessary steps to bring this issue to admin. Thank you.
aayana singh
26 July 2011 at 22:35
hello sir,I m hindu (female)and i got married soon on 26 june 2011 in a temple (maharastra/alandi)i have an issue dat my husband left me..he dont want to reside with me and his family is not accepting also ...but i have marriage certificate wid me which is provied by dat pandit and pandit have also marriage record of us. but there is no witness of our marriage accept dat pandit n few people around there .n i dont have any marriage pics also.me n my husband is in past 5 yrs relation also apart from this we have stayed in living relationship around 2 yrs in pune .but ritenw he dont want to live with me so i want to file case against him..
1.is it a legal marriage?
2.if yes then what cases i can impose on them?
please guide me..need help
Anonymous
19 July 2011 at 18:00
Dear Experts,
I would like to know rules relating to settlement of insurance in case of theft of vehicle. An F.I.R. registered dated 26th April, 2011 with the concerned Police Station and submitted intimation to the concerned insurance company with all relevant documents apart from intimation letter to the concerned R.T.O.
Later, contacted insurance company yesterday dated 18th of July, 2011. Response to our efforts got turn down by the concerned Manager of the company saying that they have not received a Non Traceable Certificate issued by the concerned Police Station along with a Final Investigation Report copy submitted to the concerned area of the Honorable Magistrate.
Meanwhile, I have approached the Police Station with the requirement for the same. In response to my concern that the authority conveyed that the said matter is under investigation hence needs 6 months time to issue both the Non Traceable Certificate and a Final Report of Information. Requested officials concerned at the office for rules governing the requirement such period of time.
Thus, I have not satisfied with their unclear reply. Therefore, I, humbly request Respected Experts to give away the needed information pertaining to the subject matter.
Thanking you all.
Anonymous
10 July 2011 at 15:29
I have filed different complaints ( at Delhi) against different cheques in favour of my FOUR family members and filed as special power of attorney of complainant having personal knowledge of transaction being father/husband and filed only my affidavit in pre summoning evidence. All the complaints are distributed by the Ld. ACMM in different courts and all the courts have taken cognizance of offence on alonge my (SPA) Affidavit/evidence. On appearance of accused persons separately ( husband and wife in different complaints filed by me) have filed application u/s 145(2) with general and vague defence to call COMPLAINANT INSTEAD OF SPA, whose affidavit of record and courts are allowing their applications and directed me to file actual complainant affidavit and to produce him for cross examination instead of mine (SPA) on whose affidavit the cognizance was taken.
I have queries whether it is compulsory to give evidence of Complainant on the application of the accused filed u/s 145(2), whereas there was no affidavit of complainant on record till the application filed u/s 145(2) and the cognizance taken on the affidavit of father/husband as SPA.
Further I want to know if I contest the application of the accused and not give the evidence of actual complainant then what shall be the fate of my complaint.
Can the accused will success to bring all complaints in one court of M.M. on application to the ACMM to send all complaints to one M.M., whereas there are different complainant of one family and two different accused (husband/wife).
Thanking You,
sajoli
08 July 2011 at 17:56
Sir/Madam,
Pls let me know the website i could find lower court,city civil court orders,and supreme court judgments.
Anonymous
08 July 2011 at 17:41
I am a second wife of a person who was married before relationship. We are living together without marriage from past 11 years and we have a daughter of 9 years old. Till date their family didn't accepted me or my daughter. My hubby is very smart person he does lots of partiality to me and now days things are not good in home and as i am working, his behavior is making me sick and and i am not able to concentrate on my job. he not earning well and i am spending my salary on maintaining the house. before things get worse i want to be out of this relationship. as i am not married is divorce is required? or how i can take it forward so that rest of my life i live peacefully with my daughter.I always feel depressed and i am finding it difficult to live, i cannot cheat my daughter, only for her i am living. pls guide me.
Anonymous
08 July 2011 at 17:28
please help,
What is the procedure for lounching/broadcasting a new TV chennel through internate (website), from where i have to take permission, which department, how o apply, its fee etc. About all its requirements.
Kindly inform the procedure in details.
its urgent.
say something............ anybody....
Mukul Kr. Singh
08 July 2011 at 16:05
Can a wife put an allegation on her husband to have been raped by him against her wishes.What shall be legal opinion in this regard?
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Sec. 138 of negotiable instruments act
Hi Sir,
My Client purchased a agricultural land.On satisfaction of that sale deed part payment made through post dated cheque. Afterwards client realised that the property, gat no. which is mentioned in sale deed is different than what my client has proposed to purchase. When we went to took possession at the field real owner who has possed that land has been restrained us, and told that land which you have purchased through sale deed is adjacent land. My client not proposed to purchase That adjacent land. So seller committed fraud with my client. After realising that fact, he conveyed to his bank and requested to STOP PAYMENT. Accrding to that Bank stopped all his transactions. And Notice regarding concerned fraud also sent to Seller. Though seller has submitted Cheque for encashment and consequently it was dishonoured due to STOP PAYMENT.
So whether My client is liable to pay that Cheque amounnt, because Seller has committed fraud. So this matter comes within the ambit of LEGAL LIABILITY according to sec. 138 Of N.I. Act ?
Please suggest and if possible suggest some Case laws.
Thanks and regards,
Adv. Vishal A. Vyavahare
Chandwad (Nashik)