sir a person has given an amount to his friend of Rs.3,50,000/- by account transfer to his bank and cash of 1,14,000/- total Rs 4,64,000/- now my client demanded return of said amount given as loan with 7% interest but a settlement has arrived for Rs.4,44,000/- with a reduction of Rs.20,000 from original borrowed amount and borrower friend has issued 2 cheques for Rs.3,20,000/- and Rs.1,24,000/- same got bounced a legal notice was issued narrating whole story with all details till dishonour but last para of legal notice a demand for whole loan amount of Rs.4,64,000/-was demanded with 7% interest till realisation.notice was issued by person who has given the loan with out going for legal advice. the case records were now taken to advocate now by person who has lent loan
is this legal notice of demand of Rs.4,64,000/- with interest of 7% per year is defective ? how to file 138 case if notice is treated as defective notice because loan amount demanded though all bounced cheque details are furnished what are case laws support the complaint to over come defective notice ?
Section 107 CrPC provides "When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit."
Suppose, the surety is to be taken for 8 months by the Court, the period of such 8 months will start from which date:
a) the date on which the accused is summoned to appear before the Court through Notice under Section 111 of CrPC
b) the date on which the accused first time appears in the Court
c) the date on which surety is accepted by the court
d) the date on which order is passed by the Court in this regard
e) any other such date as decided by the Court
May also provide the case law on the issue, in case there is any.
A, received a notice under Section 111 of the CrPC from an Executive Magistrate in which he refers to a report from the Local Police Station as per which A beats two labourers of the locality because of which there is tension between the parties and they are likely to commit a breach of the peace and on being satisfied with that Report Executive Magistrate issues a show cause notice to A as to why he should not be ordered to execute a bond, with two sureties of Rs. 35000/- each for keeping the peace for 6 months. The fact is that A has never beaten those labourers and their complaint is false.
Please opine on the following points”
1. As A, who has never beaten labourers, has not been provided a copy of the Investigation Report referred to in the Notice received him, and is not aware of anything mentioned in such Report on the basis of which the Notice has been issued to him, he cannot defend himself before the Executive Magistrate.
i) Can A make a prayer to the Executive Magistrate to provide him a copy of the Investigation Report , contents of which he is not aware at all, so that he can show cause as to why he should not be ordered to execute a bond, with two sureties of Rs. 35000/- each for keeping the peace for 6 months?
ii) What are chances that prayer of A for providing a copy of the Investigation Report will be acceded to by the Executive Magistrate
iii) What type of sureties can be provided in such cases for Rs. 35,000/- .
iv) Can A make a prayer to the Executive Magistrate to order an Enquiry in to this case?
v) Can A make written submissions before the Executive Magisrate on points (i) and (iv) above on the first date when he appears before him?
My brother was a college lecturer in an unaided private polytechnic college run by trust in thane salary issued by the trust , Anti corruption catched him in 2015 on a student complaint of bribe and termed him as public servant (iter lok sevak in marathi). Trial is in the court on the basis of sanction of private college principal as government authorities have denied to give sanction. ACB is showing that the courses conducted by college are controlled by MSBTE( technical examination board) also college students gets financial help aid through college account transfered by government. SO HE IS PUBLIC SERVANT.
my query is 1) BEING A PRIVATE UNAIDED COLLEGE EMPLOYEE HE CAN BE PUBLIC SERVANT.
iF YES UNDER WHICH ACT OR LAW.
2) And if No then please guide us to get him out of this anti corruption illegal case.
In my office premises one of the fellow employee sexually harassed one women employee during December 2018, she had filed the complaint at Personnel Office. As i am the personnel officer, I have received the complaint and forwarded to higher authorities. Whereas, he was asked me that not to forward the complaint to higher authorities. Since then the fellow employee developed grudge on me and always scolded me and my parents. On 18.02.2019 he provoked me and used filthy language. In the process I went towards him to ask him to stop abusing, he enraged and caught my neck, immediately i pushed him a side, unexpectedly he fell down on the window edge. His head got injured 3 stitches done by doctor. Now he filed private complaint through an advocate, stating that murder attempt made by me. The entire episode was recorded in the companies CC TV. Now police issued notice under 41A. Kindly suggest, how to come out from the situation.
While I was about to register sale deed of a property I had purchased that the seller had not cleared the maintenance charges amounting to about Rs. 3Lacs. Hence I issued a separate cheque for 3 Lacs with the oral understanding that the seller will clear the maintenance charges and then present the cheque to his bank. He, however, did not clear the said charges despite telephonic requests. Finally under pressure from RWA & maintenance agency I cleared those & issued stop payment instructions . Thereafter the seller presented the cheque to his bank which was returned unpaid. He sent me a legal notice to which I replied on whatsApp. He has now filed a case in the court. The date is 27 Aug 19, How will the case be progressed? How should I proceed?
I have wrote to legal authorities many times but they are not registering the complaint or FIR or taking any action.
1. Crime Branch Delhi Police (May 2014, April 2016) and the case was forwarded to Lodhi colony Police station. I spoke with ASI Renu Yadav And
2. Human right (April 2014, , case no 1955/30/8/2014) and my case was forwarded to Kotla Police Station, South Ex and I spoke with ASI Sunil Yadav but my complaint was not taken seriously. Wrote to them one more time few days back again.
3. Cyber Crime in 2016 but did not got any reply.
4. Human Right (June 2019, case no 2993/30/8/2019) but case was closed with any contact with me, Reason: vague, anonymous or pseudonymous;”
5. PMO @ Centralized Public Grievance(June 2019, case no PMOPG/E/2019/0348102) but no reply.
6. Crime Branch Delhi Police (June 2019) but no reply.
Please let me know the way how can force them to register an FIR and investigate the matter.
I gave cheque to a person because I have to gave money. But after some days he asked me for money by taking some time I returned the money. But he didn't returned the cheque. I asked many times to return the cheque. But he didn't returned. After some days he presented the cheque in the bank. I stopped the cheque through online banking. But now he gave me legal notice under sections 138&142. Now what I have to do. Please give me clarification as early as possible