A criminal complaint is filed by a co op credit society.
X manager files final evidence affidavit and later resigns from the said society.
A new Y person comes in and files another evidence affidavit, whether it can be allowed.
A complaint has been filed in a cheque bounce case. There is normal narration in the complaint.
1) However in the list of witnesses the complaint has not stated the 1) cheque 3) bounce memo 3) notice 4) postal notice receipt are the witnesses in support of complaint.
2) There is list of documents with above documents but complaint even does not state that as per attached list all the documents will be witnesses in support of complaint.
3) In the evidence affidavit there is mention of these documents with request for exhibition of the same.
4) Still there is no mention that they may be read in support of the complaint.
5) The complainant also failed to mention the original postal receipt for sending statutory notice with its no and date either in document list or in evidence affidavit.
How and what lapses the accused can take benefit.
There are no of queries on this site about insolvency cases.
1) it may or may not help in criminal cases of cheque bounce but certainly can give relief for compansation and civil liabilites.
2) So what is the law for filing petition.
3) What is the normal procedure for filing the insolvency petitions.
I have posed this question in a ongowing case still no final decison.
I present this for the opinion of experts.
1) Cheque is a piece of paper issued by a bank to the account holder for which banks keep records but not traceable.
2) Cheques does not have any security identity and and can not be separated from a computer generated similar piece.
Accused has denied the cheque , signature and its bounce.
A problem comes across many complaints which are filed either by firms , companies through their power of attorney holders.
How the pleadings should be worded.
complainant abc and co through RAJA manager or POA holder.
The complaint starts -
the complainant has suffered this and this.
Is it not wrong.
We work in public field and try to help who can not help themselves.
We have a current problem.
A son has taken POA from his mother and managing multi million property.Mother has no knowledge of goings on since semi literate housewife.
Father is no more and son and his siblings are keeping the mother worst than a maid servant.
Any action possible under DV act by outsider.
Any advocate practicing in this town may please give the procedure bail, appearance of out of town accused in NI 138 cases.
This is a bailable offense but procedure for bail differs from place to place .
The act provides for a written notice prior to filing of a case.Mostly advocates send notice on behalf of the complainant. What is the proof the advocate had the authority to send notice.continue
What can be done to stop a public trust to sale it property at throw away rates.continue