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Important Judgment on NI Act

Page no : 3

ghansham das (self employed engineer)     31 October 2009

DEAR , EXPERT- CRI APPLN NO-9113 OF 2009

[ RAJ KUMAR KHURANA V/S NCT DELHI STATE...]

SOME ONE SHOULD PUBLISH THE JUDGMENTS GIVEN?

PLS,

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     31 October 2009

PLEASE SEE THE ATTACHED JUDGMENT


Attached File : 40 40 rajkurana ni act case chq lost.pdf downloaded: 273 times
1 Like

ghansham das (self employed engineer)     31 October 2009

Dear Experts, pls find attchd file of Judgements Mr JCC Sinha. / Mr.Mukanadam


Attached File : 9 9 raj kumar khurana cri appln 913 of 09 order 5may09.doc downloaded: 209 times

ghansham das (self employed engineer)     31 October 2009

Dear Experts,  thanks Mr P janardhana, adv. hydrabad,

No where the H'nble court had made any observation , amounts  statement in the bank,  a day before and after must not be forgotten, to find out the involment of the closer association of the bank, with parties.

 

After-all what is the time limit for any case, keep on,,, on,,,,

 

Sanjeev Kuchhal (Publishers)     31 October 2009

Sir,

Can the earlier judgments of Supreme Court can be impliedly over-ruled by the Co-ordinate Bench of Apex Court.

ghansham das (self employed engineer)     02 November 2009

Dear Mr. P janardhan Reddy, Hybd,

Thanks fr yr reply posted. judgement of case. scc. JCC Mr Sinha,

Is it meaning ful to know  for a complainant all about the Chairman/ Directors/ etc,  

where abouts and its rolls,duties, responsibilities,   when they are on in the boards of directors?   Against a case is being filed since they are on board, they are very well in the offices, enjoys the fruits, not the responsiblity,??

 why court want to favour accused,  when the complainant has not made him as accused but they are accused by virtue of case? 

its for the judicary to call upon to hear their say, allow it prove them innocence, non guilty in the affairs?   isn't  it ?  on the contrary the accused challanges the issue of the process by Judicail magistrates, abuse him, even the lerned session jd is abused is it not the height of mistake from the Honble Hi courts, under 482 ??

& till all relevant section such as 120B, 34, 467,468, etc should automatically aapply to curtb the crime/?

its my view.

pls.

thanks await fr corrective  steps.

 

 

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     02 November 2009

COMPLAINANT AND ACCUSED ARE TWO PARTIES FOR THE CASE,  THEY WILL BE TREATED EQUALLY, ALWAYS AN ACCUSED CANNOT BE AN OFFENDER. HENCE WHEN EVER ACCUSSED BECOMES AQUITTED IT SEEMS TO BE FOVOURABLE TO HIM, WHEN CONVICTED IT BECOMES TO FOVOURABLE TO COMPLAINT.

I HOPE U GOT THE LOGIC BEHIND THE JUDGMENTS. 

Siddharth Chitturi (Advocate)     11 November 2009

recently there has been one more case Harman Electronics (P) Ltd. And Anr Vs. National Panasonic India Ltd, this was in regard to the Territorial jurisdiction of a court to try an offence under Section 138 of the Negotiable Instruments Act, 1881

ghansham das (self employed engineer)     11 November 2009

Dear Mr All Experts, think for a while;- [ but we talk on tpoic asset of the Judges, rift /agitaion in karnataka high court, and many more??]

NOW-

A cheque can be cleared in any of the bank across the country, High value means same day,with in  three- four hours max.

Courts take Decades/ years to come to any conclusions ?  But try level best not to punish any accused [ due to shortage of jail ]    why all of us  ignoring.

why Jurisdiction/ territory points, any where it could be and valid ?

this is choice  of payee to file where ever he feels better,Number of increasing the court wudnot help much but better law will definitely "control National waste of time",  if one can think in a better views. 

 

thanks / regards to all.

SIDHES JENA (CEO- Jena & Company www.jenasworld.com)     25 November 2009

 You are absolutely right, 

ghansham das (self employed engineer)     07 December 2009

This kind of , judgement seems to be for by Judges who had issued cheque perhaps ??

ashwini jagadi (legal officer)     08 December 2009

Respected sir

The judgment unloaded is not opening so pls give the in which book , year and page no or any other way upload the sc judgmenent

Thanks Regards

A.S.j

Rajan Salvi (Lawyer)     09 December 2009

Its good to be among stalwarts.

rajeshtanku (court)     02 July 2010

TO MY EXPERIENCE "STOP PAYMENT" IS ALSO COMES UNDER DISHONOUR OF CHEQUE ,WHERE THE DRAWER CAN BE PROSECUTED UNDER SEC 138 OF N.I ACT.ITS ALL DEPENDS UPON INTERPRETATION.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 July 2010

Mr reddy good work by you by promptly locating the case laws.

With due respect to all the learned persons who have expressed their opinion in hordes on this topic , please please go through the basic arguments accepted by the SC in above judgement in last paras that once a penal provision is provided by legal fiction the requirements must be fully met before conviction. So no balance pleading if not made in the complaint it can not be sustained.


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