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Queries Participated

Shree.   22 March 2016 at 18:28

Please clarify urgent

Dear Experts,
In an Economic Offences Wing Case Police had registered a case u/s 156(3) after 8 years of occurence for unregistered chit and subsequently filed a charge sheet for the offences u/s 406,420 r/w 4,76 of Tamil Nadu Chits Registration Act 1978.The entire trial has been completed and the case is at the stage of Judgement.Further at the time of Cross Examination of the Investigation Officer a strong suggestion have been made to the effect that no such act namely Tamil Nadu Chits Registration Act 1978 have been enacted by the State Government of Tamil Nadu and further the I.O. admitted that too correct in the cross examiantion.
The Accused have been summoned for the offences u/s 406,420 r/w 4,76 of Tamil Nadu Chits Registration Act 1978,copies furnished,initial charge framed and also 313 Cr.P.C questioned for the same wrong charge itself by the Court.
Further the ADPP also admitted in the Arguments that the said Act have not been enacted and wrongly charged in the charge sheet.
Please clarify me whether the Court can alter the Charge u/s 216 Cr.P.C at this stage of judgement?
Provide me any citations regarding the above aspect..
Rds,
Adv.Shree

Shree.   01 February 2015 at 11:30

Examination of complainant in cheque case

Dear All,
Please clarify the following
In a cheque bounce case Complainant has appointed a Power Agent to represent the case before magistrate court.Further the power agent represented the case for past 4 years and filed proof affidavit on behalf of the Complainant and subsequently without any knowledge of the Power Agent,the Complainant had filed to remove the power agent and the Complainant had been representing the case thereafter on his behalf.Now the case proceedings has been at the stage of cross examination on the side of defence.
1.Whether the Original Complainant has to crossed or else the Power Agent namely PW-1 who marked documents and examined in chief have to be cross examined on the side of defence.
Any citations relevant may be reffered
Thanking u in advance

Shree.   16 January 2014 at 12:53

Double claim?

Kindly provide me any judgements regarding section 357(5) Cr.p.C.that At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section.

Shree.   07 October 2012 at 20:18

Police custody?

Dear all,
Police had seeking Police Custody of an Accused for a period of 7 days after remanded to judicial custody and subsequently after remand to judicial custody police filed petition for police custody and magistrate after getting objections from the Accused granted one day police custody with the assitance of his counsel.But the Investigation Officer had not allowed the counsel to meet the accused at the time of police custody and surrendered back the accused before the magistrate after the expiry of one day of police custody.
Further after taking police custody for one day now the Investigation officer had filed revision against the Magistrate Court order to modify the police custody from one day to seven days seeking police custody for further investigation regarding the offences.Further the Investigation Officer had mentioned in the Revision Petition that he had filed second petition seeking permission for police custody but the magistrate had not considered the second petition and it has been unnumbered and till now pending before the magistrate,but no such petition has been presented before the concerned Magistrate after persuing the case records.
Plz clarify
1. Wheather a Criminal Revision filed u/s 397 Cr.P.C for Modifcation of the Lower court order for grant of Police custody for 7 days is permissible?
2.After taking police custody for 1 day whether the I.O can file the present Revision?
3.Already the first 15 days has been expired after remand to judicial custody?
Any case citations regarding these aspects needed immediately?Kindly post your opinion
Rds,
ADV.SHREE

Shree.   28 July 2011 at 13:58

Delayed FIR?

Dear Members,

A cheating case u/s.406 & 420 of the IPC was filed by the Inspector Of Police,Economic Offences Wing and in the FIR reveals Occurence of Offence day before the year 2003 and the Inspector, now registered the FIR on 12/7/2011.Section 5 of TNPID not included in this case.
The Complaint was forwarded by the Learned Judicial Magistrate u/s 156(3) on 28/7/2010 but after lapse of 1 year the Police registered the FIR .The allegations in the FIR is that the Accused were husband and Wife runned a unregistered Chit Fund Business prior to the year 2003 and cheated to the tune of Rs.40,00,000 from the Defacto Complaianant (from one person alone).Further no compliants were made by any other persons.The defacto complaint had obtained Rs.10,00,000 from the Accused by executing a valid pronotes.Inorder to escape from repayment of the Promissory Note Debt had cunningly filed the complaint before the Magistrate u/s 156(3).

Now Please Clarify When the Offence u/s 420 and 406 IPC , Further Crpc u/s , 468. Bar to taking cognizance after lapse of the period of limitation.

Wheather Quashing of FIR possible before the High Court?

Any citations regarding the delay of FIR in favour of the Accused after the period of limitation?

and also CLEAR ME regarding can a Inspector of Police registering a FIR after 1 year u/s 156(3) is correct?

Thanking You in Advance.

Rgds,
Adv,Shree

Shree.   15 July 2010 at 22:10

Need citations?

Dear All,

I urgently need advice and judgements regarding the below matter:

Date of cheque presented and got dishonoured: 27.10.2003

cheque dishonoured recieved from Accused Bank: 29.10.2003

But Intimation of Return memo recieved from the complianant only on : 7.11.2003 ( Due to illness of Complianant)

Legal Notice send by Complainant's Advocate to the Accused on; 29/11/2003

Accused Acknowledged the Notice on :31/11/2003

Then Compliant filed u/s 138 & 142 to Magistrate on :10.2.2004(Filing along with condone delay of 27 days and the Magistrate condoned delay in filing taken cognizance of the Compliant)

1.Is there any Judgements regarding Legal Notice to be sent only after recieving return intimation memo from the Bank and then only Limitation period starts?Any High court or Apex court judgement regardng this issue?

2.After filing condone delay petition along with the Main Compliant,Magistrate taken cognisance,then the Accused cannot question at the time of Arguments stage ,after evidences over?

Citations Required?

Shree.   20 December 2009 at 12:13

summons and warrants are not returned served ?

Generally, in Criminal Cases, summons and warrants are not returned served or
unserved, under the circumstances, what can be done in this situation?

Shree.   21 September 2009 at 20:39

incriminatory information from the accused ?

Can obtaining any incriminatory information from the accused while he is in police
custody be termed as compulsive testimony and does that violate the provisions of
Article 20(3) of the constitution of the India?riven

Shree.   21 September 2009 at 20:38

bail application be made after the charge-sheet

Can bail application be made after the charge-sheet having been submitted? What
factors, then are required to be considered for determining the said application?riven

Shree.   21 September 2009 at 20:36

guilty plea?

Can an accused plead guilty at any stage of the trial?riven