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Adv. Mohan Chandra   27 March 2009 at 14:53

Complainant regularly absent for proceeding u/s 138

The complainant is a multinational bank and I am an accused in the case u/s 138, 142 and compensation u/s 357(3). The said case will be shortly completing 4 years. The complainant representative are regularly absent during the proceedings and have been severly reprimanded by various Magistrates on many occassions but on two earlier occassions when the Magistrate were about to dismiss the case they were transfered as per routine.

During the last four hearings the complainant was absent again on the second last hearing the complainant was penalised 1000 and given a last warning and on the last hearing as the complainant witness was absent again for cross examination the cross examination has been closed by the Magistrate.

Now I would like to seek your guidance on how to proceed further.

Should I submit an application for dissmissal of the case, if so what is the procedure. In the last cross the complainant has first denied demanding blank cheques, but later agreed that blank cheques without amount and date were accepted at the time of opening the account.

Kindly note that I am pursuing this matter on my own for the last one year.

Thanking you in anticipation.

Comments Added on 28/12/2009

Sir,

Thank you for your guidance.

Magistrate has already closed the cross examination and informed the complainants advocate that the "matter would proceed further for necessary action" on next date. In view of this what is the nature of necessary action I can expect.

While in the Affidavit the complainaint has mentioned that the accused made the payment in settlement of Rs.xyz on 25/05/05 subsequently in the last cross examination the complainant witness has accepted that blank cheques were accepted prior to opening the account in June 2002 and has since failed to appear for further cross examination.

Under the above circumstances now I cannot proceed further to prove that I had no liabilities at the time of issuing the cheque infact even later.

I would very much appreciate if you will kindly guide.

Kumar Gaurav   27 March 2009 at 12:47

TDS on Interest awarded by Consumer Court

Please provide the judgement.

Bipin   26 March 2009 at 17:15

Transfer in Co-operative Society

Mr A & Mr B is real brother possessing flat in joint name. they both have not filed nomination in society. Mr A expired without "WILL" and has only wife and adult married daughter as legal heir. now Wife want to become joint member in place of her husband what document they have to prepare for them and for registered society for transfer the same.

Bipin   26 March 2009 at 17:07

Transfer in Co-operative Society

Mr A & Mr B is real brother possessing flat in joint name. now Mr A want to gift his entire share in flat to Mr B (or viseversa) what document they have to prepare for them and for registered society for transfer the same.

JANAK GANDHI   26 March 2009 at 17:00

THE NEGOTIABLE INST. ACT

THE LAWYER AT IST AND 2ND STAGE DIDNOT EXHIBIT THE IMPORTANT DOCUMENTS OF ACCUSED RESULTING IN FINE AND 1 MONTH IMPRISOMENT AND A REVISION IS FILED WITH HIGH COURT.THE DOCUMENTS ARE IN THE CASE FILE AND ALSO REFERRED IN THE STATEMENT OF ACCUSED.NOW SURROUDING EVIDENCES AFTER THE ORDER ALSO PROVES BONAFIDE OF ACCUSED WRONGLY IMPLICATED.CAN U ALL HELP ME IN PROVIDING SOME CITATIONS CLAIMIMG THE REMAND OR COSIDERING THE DOCUMENTS IN THE HIGH COURT.BRIEF FACTS IF REQUIRED CAN BE SENT THRU MAIL.

Mahesh   26 March 2009 at 13:20

Stamp duty

Dear Ld. friends,

In the case payment of stamp duty, while registering immovable property, though the consideration value was low, the stamp duty as per guideline rate was paid. Now the Collector has issued notice claiming stmap duty at the market rate. Can the Collector issue notice claiming stamp duty at market rate when stamp duty at guideline/circle rate was paid. Can anyone help with any judgment on thsi point. Thanks in advance.

Chhaya Soni   26 March 2009 at 12:47

Misplaced original agreement

Respected Lawyers,

We misplaced our original agreement which was not registered, however we have the photocopies of the same.

My question is, can we get registerd the photocopy, it will make it legal and valid?

The agreement was entered into before 3-4 years, if the answer to above question is yes, can one party register it even if the original document is not there.

Or we have to again enter into Agreement with the Vendor? Not sure whether they will agree or not.

Suggest some simple procedure. Would appreciate ur prompt reply.

Thanks

prateek saxena   26 March 2009 at 11:45

rent agreement again (urgent)(prateek)

respected all sir,
as all of u told me abut section 17 or 18 of indian registration act,1899, but in the section or clause 35 of the said act, said that the amount of stamp duty upto 1 year is 4%.

wht its means, u said no requirement of stamp duty payable upto 1 years.

i go through all section of this , but nothing found under more reference.

Actually, case is that

(1) i have a mall in noida, and i lot a
portion of shop to a party as rent.
(2) they wnt to enter into rent
agreement for 11 months on Rs 150/- w/o stamp duty pay.

so, pls advice me for this situation.

and if possible, plz provide any circular related to non payment of stamp duty for 11month rent agreemnt. as i think , it is good defence for me.


please advice me.



mehul dave   26 March 2009 at 08:51

consumer protaction act

one mr. A has a mediclaim policy of himself and his wife too in a insurance co. mr. A donated his kidney to his wife and put the claim for himself and for his wife. insurance co. did not pass the claim for mr. A but passed entire claim for his wife only. it is the say of the company that claim doesnot pass for a donor of an organ. in the insurance policy nowhere mentioned that company is not liable for any claim of the insured person for donating organ. mr.A went for ombudsment. but there also his claim was not passed. My question is that can mr. A go for consumer protection act? Is it necessary for mr. A to give legal notice before going for consumer protaction act?

hage nibo   26 March 2009 at 00:19

recovery of debt due to bank

Hi,
Can a nationalised bank recover debt even after the expiry of limitation period of 3 years without having served any notice within the limitation period