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kaya (manager)     03 August 2012

138 case03/08/2012

IRST CASE AT CHENNAI
-------------------------------
I GAVE CHQ FOR RS 25 LACS. CHQ LAST PRESENTATION WITH MY BANK IS AFTER 6 MONTHS.
1)CHQ DATE:15/05/2006

2FIRST PRESENTATION 26/05/2006

3)SECOND PRESENTATION 15/11/2006    THAT IS AFTER SIX MONTHS

4) LEGAL 138 NOTICE GIVEN ON 28.11.2006

THE SAME CASE FILED WITH MAGISTRATE COURT UNDER 138 ACT.
THE CASE WAS STAYED AT HIGHCOURT CHENNAI FOR A YEAR THERE AFTER
HIGH COURT DISPOSED THE CASE IS TRIAL STAGE , ADJUDICATION IS NECESSARY
HIGH COURT NOT INTERFERE AT THIS STAGE

ANOTHER PROBLEM IN THIS CASE THE  SAME CHQ   CASE. COMPLAINTANT
WITH INCLUNCE THEY INFIRMED POLICE AND ARRESTED BEFORE FILING THE CASE
AND FIR THEY MENTIONED THE SAME CHQ N FILED CHEATING CASE 420 AND 406
ARRESTED ME BEFORE COMING FM BAR. THEY ISSUED 138 NOTICE BY LAWYR
ON 28.11.2006

NOW CASE IS THE TRAIL STAGE.  FOR 138 IN ONE COURT


SINCE FROM THE BEGINING  COMPLAINTANT NOT PRESENTED IN COURT FROM 2007
ONLY THEIR ADVOCATES APPEARING MEANWHILE COMPLAINT DIED ON  13/01/2011
STILL HEARING GOING ON.

CRIMINAL CASE FILED BY POLICE THAT IS ALSO GOING FOR HEARING IN OTHER
MAGISTRATE COURT SINCE FROM 2007 IN THIS CASE ANOTHER TWO ACCUSED NOT PRESENTED
FOR CRIMINAL CASE I AM A 1.....

HOW CAN QUASH THE BOTH CASE PERTAINING TO THIS PARTICULAR CHQ BOUNCE.

------------------------------------------------------------------------------------------------------------------------------------------------
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CASE NO 2
ANOTHER ONE CASE PUT UP CASE BY COMPLAINANT FRIEND WHEN I WAS INSIDE THE
BAR ALONG WITH OTHER SAME TWO ACCUSED.MYSELF I AM NOT GVN ANY STATEMENT
ANY LETTER AND 100 PERCENT NOT RELATED TO ME. IN THIS CASE ALSO HEARING FROM 2007
GOING ON . THE  SAME CASE CONDUCTED BY POLICE.IN THIS CASE ALSO COMPLAINTANT PARTY DIED
POLICE ONLY CONDUCTING CASE. COMPLAINTANT SON IS FAVOUR TO ME. FOR YOUR INFIRMATION
ACCUSED OTHERS NOT PRESENTED FROM BEGINING. MY SELF ONLY REGULARLY APPEARING
OR MY ADVOCATE APPEARING. I AM THE A2

HOW CAN QUASH THE CASE OR HOW FASTWE CAN ASK FOR TRIAL. IF TRAIL COMES NOTHING
WILL BE PROVD BY POLICE. BECAUS PUT UP CASE.

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Learning

 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 August 2012

1.  U/s 138 cheque bounce matters,  IF the "complainant" has expired, the case gets abated, by default,  unless and until, some bona-fide legal heir or legal representative, comes on record and continues the matter.


2.  In police matters, EVEN IF the complainant has expired, the case does NOT get abated and continues based on the investigation report and the evidences & witnesses collected by the police dept.


Ask your local lawyer, to move appropriate application before the court, for closing of the case, due to expire of the complainant, in 138 matters.


Keep Smiling .... Hemant Agarwal

kaya (manager)     04 August 2012


DEAR SIR, ANY JUDGMENT REFERENCE AVILABLE.


1.  U/s 138 cheque bounce matters,  IF the "complainant" has expired, the case gets abated, by default,  unless and until, some bona-fide legal heir or legal representative, comes on record and continues the matter.


2.  In police matters, EVEN IF the complainant has expired, the case does NOT get abated and continues based on the investigation report and the evidences & witnesses collected by the police dept.


Ask your local lawyer, to move appropriate application before the court, for closing of the case, due to expire of the complainant, in 138 matters.


Keep Smiling .... Hemant Agarwal

 

 

 

Yudhish Padman S (Advocate (Madras High Court) 9566217446)     05 August 2012

For that service, you need to engage Mr. Hemant Agarwal


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