Sushant Dash
19 August 2009 at 21:57
Dear sir
I am into the business of Bulk Messaging and Mobile communication with using the connectivity of the different Indian Telecom Operators.During my said business periods i myself introduced a person, as i came to know that the said person deals in services of “out bound voice broadcast service” called a particular type of voice based broadcasting services with using the connectivity of the different Indian Telecom Operators, as i was in need of services, what the person provides.
we had an oral agreement, based on which i paid him 90,000/- rupees as advances and i provided the work order to implement the voice broadcast services on behalf of me on an assurance made by the person that he will provide the same service on behalf of me with using the connectivity of the various Indian Telecom Operator.he commited me for provide the Data-sheet (delivery reports) for the successfull calls of the said voice calls consisting of the Date, Time of call, end of calls, duration of calls, status of calls consisting whether its delivered, undelivered or unreachable, originating number (called CLI) and destination numbers and after 2 days the said person provided the same to me through his e-mail address and inform me that all the voice services are implemented successfully, based on the delivery report as he submited me.
when i check these reports, i came to know that the work sheet consisting of the Date of calls, Time of calls, end of calls, duration of calls, status of calls consisting whether its delivered, undelivered or unreachable, originating number (called CLI) and destination numbers submitted by the person to me are all of fictitious numbers in reality they do not exist at all.
Base on these fictitious reports i had questioned number of times to the said person through email communication on such the the person had admitted of above mentioned things and sought some time to submit the genuine reports,but so far the person had not submitted the genuine delivery reports nor willing respond my phone calls om any manners.
Its a matter of clear cheating that the acts of the above mentioned person makes the charges of breach of trust, cheating, As causing wrongful loss to the complainant and wrongful gain to the accused by way of making of false documents and using of false documents as genuine.
what i have to do in this regards, please suggest me, whether can i put a criminal case or what i have to do
Thanks and regards
Sushant Dash
Chief Executive | Cellxnet Inc
Hyderabad, India
fulltrottlle
19 August 2009 at 20:37
sir/madame,
my co entered into buying contract with an mnc importer.After not being able to deliver the products on time,we sent them mail stating that these products will now be invoiced directly to other buyers for whom we had initially ordered for.Then came price variations due to forex changes which were never confirmed by us as the prices on contracts were indian rs only.After seeing all these issues,the importer requested to change the purchase order of one buyer and other buyers orders were supplied to us with increased prices that we paid them for. unfortunately,the buyer who bought goods directly from importer defaulted on payments after having issued cheques as per the terms of purchase orders.Another issue cropped up is that we may have changed the PO from this buyer probably before the importer confirmed the same in writings but orally it was agreed by one of its employer.The importer has initiated the proceedings u/sec 138 and even threatened us with action for cheating and criminal breach of trust. as we had on intent to harm being a reputed firm, can we still be tried for ? can the case become criminal at all ?
Sumir
19 August 2009 at 20:14
I had filed an FIR for a cognisable offence with police, police is not ready to register FIR, I intend to move to High court. My queries are
1. Should I move to chief metropolitian court or a magistrate's court instead of High court
2. What is fees?
3. How to pay the fees?
muthusamy
19 August 2009 at 11:55
A, B, C are brothers. A is the eldest and C is the youngest among the three. A criminal case has begun under section 294 b 323 and 506 (2) against A and C and against the wife of C. B is the litigant.
For the same incident happened there is another case,in which C is the litigant and B is the accused.
For one and the same incidence, there are two separate cases and there are two ( false witnessees) in each case.
In each FIR, nothing has been mentioned about the other two witnesses.
This fact itself is enough to show that the cases are fabricataed cases.
My question is how to club the two cases into a single one since the incident ( actually accident) is the same for the two alleged criminal actions.
I am "A" in this case. Kinly guide me.
My lawer says that it is not possible to club the case into a single case.
sanjaygarg796@gmail.com
19 August 2009 at 07:59
A criminal complaint U/s 23 was filed by CMO under PNDT Act in the year 2003 but he was not appointed as Appropriate Authority by way of Gazzet Notification as required by the Act. Later on Haryana Govt appointed CMO as appropriate authoirty vide notification dated 4.3.2009.Court dismissed the complaint on the ground that CMO was not appointed appropriate authority on the day of filing of complaint hence complaint is not maintainable. Now the govt by way of Oridinance appointed CMO as appropriate authority with restropectve effect. Whether this oridenance is legal one?
vinod bansal
18 August 2009 at 22:40
R/Members
Kindly let me know whether a special judicial magistrate passed an order of imprisonment/sentence or not or he can impose only fine.Secondly enlighten me regarding provision of appointment of spl judicial magistrate for disposal of petty offences.Thanx
yogesh
18 August 2009 at 21:45
my wife had filled fir against a lady who had assaulted her in public place. The case is under hearing. When we bring our witness accused lawyer puts a sick leave or on some pretext witness is not allowed to testify. The judge also gives date as per convenience of accused. If this continues witness will not come to court as he has to take leave from his job.Where can we appeal or ask for speedy trial as the matter is five years old ? What other remedies are available ?
vijay dhiman
18 August 2009 at 15:23
Wht is the processors of filing the suit & fir of criminal tresspass.how much court fees attached with the suit
anuradha
18 August 2009 at 13:06
Dear Sir,
We are a small firm providing consulting services based at Mumbai. I landed up in a dispute with one of our customers when he wanted to terminate the contract with us (as he got a cheaper alternative) in the midway of the services being imparted and wanted the advance money back. The customer filed a police complaint against me based on baseless allegation to make it look like a case of cheating (Prima-Facie). An FIR was registered under section 420 leading to my arrest in 2006. I got bail soon. The charge sheet has also been filed.
Presently the case is under trial in Metropolitan Magistrate Court for more than two years. My problem is that the complainant is not coming on the dates despite summon being sent by the court and same being received by him. As the allegations against me are baseless, he cannot prove the same in the court and that’s why he is not coming. I have been regularly going to the court on all dates hoping that he may come. I just get a new and long date every time, that’s all.
I want to know that whether there is any provision in the law against such frivolous or malicious litigations? Should I approach the session’s court to take this case on fast track? Is there anyway that can bring this complainant to the court? Whether there is any possibility to get discharge from this case keeping in view that the charge-sheet has been filed? Kindly advise me with a practical solution/ roadmap.
Request: Please treat this as confidential.
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can i filed a case under Sec 406, 420, 464, 471 0f IPC ?
Dear sir
I am into the business of Bulk Messaging and Mobile communication with using the connectivity of the different Indian Telecom Operators.During my said business periods i myself introduced a person, as i came to know that the said person deals in services of “out bound voice broadcast service” called a particular type of voice based broadcasting services with using the connectivity of the different Indian Telecom Operators, as i was in need of services, what the person provides.
we had an oral agreement, based on which i paid him 90,000/- rupees as advances and i provided the work order to implement the voice broadcast services on behalf of me on an assurance made by the person that he will provide the same service on behalf of me with using the connectivity of the various Indian Telecom Operator.he commited me for provide the Data-sheet (delivery reports) for the successfull calls of the said voice calls consisting of the Date, Time of call, end of calls, duration of calls, status of calls consisting whether its delivered, undelivered or unreachable, originating number (called CLI) and destination numbers and after 2 days the said person provided the same to me through his e-mail address and inform me that all the voice services are implemented successfully, based on the delivery report as he submited me.
when i check these reports, i came to know that the work sheet consisting of the Date of calls, Time of calls, end of calls, duration of calls, status of calls consisting whether its delivered, undelivered or unreachable, originating number (called CLI) and destination numbers submitted by the person to me are all of fictitious numbers in reality they do not exist at all.
Base on these fictitious reports i had questioned number of times to the said person through email communication on such the the person had admitted of above mentioned things and sought some time to submit the genuine reports,but so far the person had not submitted the genuine delivery reports nor willing respond my phone calls om any manners.
Its a matter of clear cheating that the acts of the above mentioned person makes the charges of breach of trust, cheating, As causing wrongful loss to the complainant and wrongful gain to the accused by way of making of false documents and using of false documents as genuine.
what i have to do in this regards, please suggest me, whether can i put a criminal case or what i have to do