Harrassment of rti activist
tarunexports
(Querist) 02 February 2012
This query is : Resolved
Dear Experts, The undersigned is an RTI activist and is following stone crushers violation of pollution norms. One of the carriers of these Stone crushers have lodged one criminal complaint against undersigned of a cheque signed, issued and given by undersigned son(who is settled in USA) way back in 2008.The undersigned has neither signed nor has any liability towards this carrier. The Complainant has made me the only party.
Kindly suggest/advice the steps & measures to be taken by undersigned to save his honour & name from the stigma of a cheque bouncer.
thanks in advance
harinder dhingra
tarunexports
(Querist) 02 February 2012
Dear Expers,
Furher to above,the learned Megistrate has taken cognizance of the complaint filed under Section 138 of NI Act & has summoned the undersigned.
thanks in advance
harinder dhingra
Sudhir Kumar, Advocate
(Expert) 02 February 2012
Your query is vague.
It is not understood :-
Who signed checuqe?
In whose favour the cheque was?
Who were all teh account holders?
When the cheque bounced?
Under which debt/liability the cehque was givne?
When did you receive notice of bouncing?
When was the complaint filed.
Raj Kumar Makkad
(Expert) 02 February 2012
You should file a revision before the Sessions Judge against the cognizance/summoning order.
Shonee Kapoor
(Expert) 03 February 2012
It seems that the alleged cheque was allegedly signed by your son in some capacity of your company. That is why you are made accused. If you are a prop. or a director, you can be made accused.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 03 February 2012
You challenge the issue of process against you in revision to sessions court, on Following Ground
1] You are not signatory of cheque
2] No notice was issued to you, or received
3] the cheque was neither issue nor signed within last one year as signatory is not residing, nor visited India since 2008.So Cheque is barred by limitation, stale as over 6 months
4]claim is of over 3 years.
5] you are neither liable, nor a party to issue cheque
tarunexports
(Querist) 03 February 2012
Dear Mr. Sudhir Kumar,
Please find below the answer to your queries:
Who signed checuqe?
My son in his capacity as prop of his firm in 2007-08.
In whose favour the cheque was?
In favour of the complaint.
Who were all teh account holders?
It was companys account owned by my son.
When the cheque bounced?
In 2007 Dec-Jan 2008.
Under which debt/liability the cehque was givne?
It was given by my son for some construction material caariage and cash was given in lieu of the cheque but my son never took the cheque back.
When did you receive notice of bouncing?
The notice was sent to my son company with particulars of some other case not related to present complaint.The notice was very vague and probably it was cut & paste job done by some Advocate.
When was the complaint filed.
Jan 2008.
tarunexports
(Querist) 03 February 2012
Dear Mr Raj Kumar,
You should file a revision before the Sessions Judge against the cognizance /summoning order.
Thanks for advice but what is the remedy of harassment of undersigned by lodging case with full knowledge that I have nothing to do with the cheque, company, premises from where the cheque was issued and no liabilty whatsoever.
kindly enlighten
harinder dhingra
tarunexports
(Querist) 03 February 2012
Dear Mr. Shonee Kappor,
It seems that the alleged cheque was allegedly signed by your son in some capacity of your company. That is why you are made accused. If you are a prop. or a director, you can be made accused.
No I have nothing to do with this cheque AT ALL and my son is independent and was prop of the firm which issued the cheque.
thanks for your time
harinder dhingra
tarunexports
(Querist) 03 February 2012
Dear Mr. V R Shroff,
You challenge the issue of process against you in revision to sessions court, on Following Ground
1] You are not signatory of cheque
2] No notice was issued to you, or received
3] the cheque was neither issue nor signed within last one year as signatory is not residing, nor visited India since 2008.So Cheque is barred by limitation, stale as over 6 months
4]claim is of over 3 years.
5] you are neither liable, nor a party to issue cheque
Thank you and answer to point of 2) is "The notice was sent to my son company with particulars of some other case not related to present complaint.The notice was very vague & not relevant and probably it was cut & paste job done by some Advocate"
Kindly enlighten me whether is there a way
to seek compensation or prosecution of the complaint for filing this false/malicious complaint to damage undersigned reputation.
I may mention here that undersigned is actively involved in litigation of getting the Section 4 disclosures of RTI Act 2005 on District Court Web site and now the District court PIO has an excuse to give me sermons or show me in bad light.
looking forward to some enlightenment on the above.
thanks
harinder dhingra
