Police case under ipc 365/34 after which cheque bounce and mony suit ,suspension ,no promotion etc
Binayak Acharya
(Querist) 14 May 2012
This query is : Resolved
1. A staff of same department has taken a friendly loan of Rs 6, 80, 000/-, on date 08/06/2005 and purchased a plot.
2. Loan was taken from me by cheque in a stamped paper agreement on 03/11/2005 with paper purchased on 29/10/2005 in his name
4. A 1st cheque no 210107 dated 11/05/2007 was issued by the staff for Rs 4, 00,000/-, it bounced on 18/07/2007 but no cheque bounce case was done, as he was promising to deposit in to the account, than the time bar of doing a case was over.
5. A Power of attorney on the above plot was done by that staff on dated 21/05/2007 in the name of some one .
6. He sold the house on that plot on date 13/07/2007 violating the terms and conditions of agreement.
7. The 2nd cheque no 210118 dated 10/04/2008 of Rs 1, 50,000/-issued by the staff, I lodged a FIR to in a PS on 31/05/2008 but PS has not accepted it .
8. But Police accepted the FIR made by wife of that staff on 8/06/2008 and police sent me to judicial custody under PS Case 249/08 on 09/06/2008 under 365/34 , I was released from custody on 25/06/2008, with a letter of suspension from service under a change of head quarter . Cheque of Rs 1, 50,000/-was deposited in a Bank n nearer to my place of posting.
9. ICC Case 3334/2008 was done by me on 25/07/2008 but is lying with out cognizance
10. Cheque bounced information of 2nd cheque was given by the Bank on 30/07/2008, advocate notice was given on 02/08/2008, case ICC 63/2008 was done on 01/09/2008, cognizance of this is done.
14. That staff moved to High Court Cuttack for quashing of ICC 63/2008 , but he had returned Rs 75000/- by draft on dated 24/02/2010 for Rs 50,000/- and on 30/04/210 for Rs 25,000/-.Other 75000/- is pending as the date of hearing is late etc.
16. I have done another case of mony suit in another court on 19/12/2008 for Rs 9, 24,800/- (That is 680000*12% interest * 3 years (from 2/11/2005 loan taken date to mony suit case 19/12/ 2008))+Rs 680000/-
17. Now the Government undertaking company re inserted me on 17/10/2011 after a gap of 3 years 3 months and 12 days but without regularizing the suspended period as duty/no duty. This decision is pending.
18. Under this condition there is no CCR (Character Role ) and hence I have been superseded twice in my promotion to Deputy Manager, this would have been the only promotion after joining in to service in 1989 and before my retirement 2014.
19. Now the Director wants to help me in regularizing the suspended period as duty and hence promotion to next rank, against citing of a similar Supreme Court cases that may go in my favour, because the police is not submitting charge sheet to court, under saying that above PS case is pending under investigation.
20. As I do not want to move the matter to High Court for quashing of above PS case under a WPCRL, because of I am selected for a dealership, matter is under Judgment pending in the High Court Cuttack since February 2012 , this case may go in my adverse in , please help me in reading the above matter,I shall be highly grateful to you all .
Shonee Kapoor
(Expert) 14 May 2012
What is the suggestion/ advise you are seeking?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 15 May 2012
I feel your's is a self made hose around your neck.In trying to help your colleague you have dug your own grave,as your query suggests.Don't mistake me to be too harsh,but the detailed contents of your query makes me say so. At this stage advice from the forum won't be of much help and you have to rely on your local advocate.
Binayak Acharya
(Querist) 08 June 2012
Sir,
My case was supposed to be of civil type had i done a cheque bounce or mony suit but only after rough police action after bail I started those ,because the same police has not accepted my FIR before such thing to happen .
My intrest now is to know that hat case numbers of supreme court the civil cases are being discouraged against Criminal GR Cases etc.
Please provde those case numbers to show my authority to get full pay for the period of suspension.
Thanks
Binayak Acharya
Sudhir Kumar, Advocate
(Expert) 08 October 2014
repeated
http://www.lawyersclubindia.com/experts/Promotion-under-Stay-of-a-GR-Case--498271.asp
