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PRAKASHCHANDRA MARU (lawyer)     23 September 2009

quashing of criminal proceedings u/s 138

a criminal complained filed under section 138 against person who has not given any cheque the cheque is also not of the account of the accused and signature of the accused also not in the cheque then also criminal complain u/s 138 filed wheter there is remedy to quash the complain in the high court ? is there necessary to quash complain f i r is required

thanks in advance

 



Learning

 20 Replies

A Mishra (Director)     23 September 2009

Yes,you can file a 482Cr.P.C. petition before the concerned HC stating all the facts with supporting documents

A Mishra (Director)     23 September 2009

No fir IS REQUIRED IN YOUR CASE,FOR NOW FOR QUASHING THE COMPLAINT.bUT YOU OUGHT to have taken all these points in the reply to the notice,given earlier.

1 Like

Javed A. Peerzada (Advocate & Notary)     24 September 2009

 No provision to file lodge FIR  u/s 138 of N.I.Act ..there is some procedure to file case u/s 138 of N.I.Act , First the cause of action arise onlly on the expiry of 15 days from the date which the complaint knows to be the date of service of a notice and after the pass 15 days cause of action arise.and if no cheque was issue to complainant by accused so cause of action was not arise against accused so very first day of the case of 138 accused has  right to discharged application to the trial court court and Trial court has to power to discharged accused if cause of action not arise against accused ...so first you file an  application for discharged to trial court...

Adinath@Avinash Patil (advocate)     24 September 2009

In my opinion you have  got good defence,if you  file discharge application thakes its own time,high court also takes time,don't west your time. You fight case on merit you adduce your defence evidence by oral & documentry . you succeed on merit that is final judgment.That is better for your client.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     26 September 2009

MY  FRIEND NI ACT 138 IS  A QUASI CIVIL IN NATURE, IF U HAVE GOOD SUPPORTING EVIDENCES DOC/PERSONAL WITNESS ETC., U CAN PROVE IN 313 OF CrPC ITSELF.IT IS A BAILABLE OFFENCE, ALL CRIMINAL COURTS R FLOODED WITH NI ACT 138 CASE,HENCE TIME TOOK TO REACH JUDGMENT STAGE BECOME VERY LONG.(metros it will be 6 TO 8YEARS, WHERE AS SC SAYS TO COMPLEATE BY 6 MONTHS UNDER SUMMERY TRAIL)

HENCE U CAN MOVE HC FOR THE QUASH UNDER Cr PC 482.

RAJENDRAN K.M. 09443050520 (Advocate)     26 September 2009

Dear Sir,U directly filing discharge petition consent court after receiving the copies .First 138 also not applicable for ur case.The court also Errly taken the case on file.Thank you.

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     27 September 2009

sir prakesh ji,

 file a  discharge application before the court.

and also defamation suit against complinent of n.i.act. 

 

Sarvesh Kumar Sharma Advocate (Advocacy)     27 September 2009

sir prakesh ji,

 file a  discharge application before the court.

and also defamation suit against complinent of n.i.act. 

 

Sarvesh Kumar Sharma Advocate (Advocacy)     27 September 2009

sir prakesh ji,

 file a  discharge application before the court.

and also defamation suit against complinent of n.i.act. 

 

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 September 2009

DEAR PRAKASH,

FIRST ALL COMPLAINT AND OTHER ATTAHED LIST OF DOC, WHILE FILLING THEY ALSO NECESSARLYFILES THE NOTICE/REPLY/COVER OR ACK. IN DISCHARGE PETITION THIS BECOMES THE CRUCIAL TO UR CASE. IF U HAVE REPLIED WITHOUT AMBIQUE ABOUT THE FALLS TRANSACTION/CLAIM OF COMPLAINT U WILL BE EASILY ALLOWED BY COURT FOR DISCHARGE....DISCUSS WITH THE ADVOCATE AND GET GOOD GROUNDS BEFORE MOVING THE PETITION EITHER IN TRAIL OR IN HC UNDER 482...ALL THE BEST...AND ALSO VIEW THE ATTACHMENT FOR GOOD CITATIONS ON NI ACT


Attached File : 22 important case laws on the negotiable instruments act2.rar downloaded: 239 times
1 Like

PRAKASHCHANDRA MARU (lawyer)     27 September 2009

thanks to all

Sarvesh Kumar Sharma Advocate (Advocacy)     27 September 2009

thanks u to also.Prakash ji.


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE N.I.ACT.SEC.138 CASE KINDLY NOTE THAT

1.ACCUSED HAS A VERY GOOD DEFENCE HENCE IT IS ADVISIBLE TO FILE PETITION UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE TO THE HIGH COURT ON THE GIVIEN FACTS THAT CHEQUE NOT FROM THE ACCOUNT OF ACCUSED, NOT ISSUED BY ACCUSED , NO SIGNATURE ,OF ACCUSED ON CHEQUE  . AND ENCLOSE CERTIFIED COPY OF THE COMPLAINT AND CHEQUE AND NOTICE  TO THE APPLICATION FOR QUASHING THE SAID COMPLAINT.

2.HIGH COURT WILL GO THROUGH THE DETAILS AND ISSUE NOTICE TO THE COMPLAINENT AND FIX A DATE FOR HEARING

3.YOUR LAWYER AT HIGH COURT SHOULD STRONGLY ARGUE THE SAID POINTS IN YOUR FAVOUR AND HIGH COURT WILL DEFINETELY QUASH THE PROCESS ISSUE ORDER  UNDER SECTION 138 OF N.I.ACT. ON THE SAID COMPLAINT .

4.KINDLY NOTE THAT YOU MAY FILE A DISCHARGE APPLICATION AT THE JMFC COURT WHERE THE SAID COMPLAINT IS PENDING.BUT KINDLY NOTE THAT IN  CRIMINAL LAW THERE IS NO PROVISION FOR REVIEW OF ORDER PASSED BY THE SAME COURT OF ISSUING PROCESS UNDER SECTION 138 OF N.I. ACT. AND KINDLY FURTHER NOTE THAT AS THE COURT HAS ISSUED THE PROCESS AGAINST THE ACCUSED PERSON THE ACCUSED PERSON MAY BE ONE OF AUTHORISED SIGNATORY , PARTNER OR  DIRECTOR OF SOME CO .AGAINST WHICH THE CASE UNDER N.I.ACT. SEC.138 IS FILED.,HENCE KINDLY CHECK THE DETAILS WITH REFERENCE TO THE COMPLAINT AND ACT ACCORDINGLY.

3.IN CASE YOU DO NOT FIND ANY DETAILS AS MENTIONED IN PARA 2 ABOVE, THEN YOU MAY FILE A DISCHARGE APPLICATION AT THE JMFC COURT WHERE THE CASE IS PENDING  BEFORE THE COURT ASKS THE ACCUSED WHETHER HE IS GUILTY OR NOT. AND BEFORE FRAMING OF CHARGE.

IN CASE YOU NEED ANY FURTHER INFORMATION KINDLY SEND DETAILS

WITH BEST REGARDS TO ALL

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Adinath@Avinash Patil (advocate)     16 October 2009

NANDKUMAR EXPLAINED ABSOLUTLY RIGHT


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