Adinath@Avinash Patil
08 August 2009 at 07:56
complainant filed complaint u/s 138 of n.i.act.but he wants amend complaint for cure major defects.Is complaint be allowed amend his complaint.
Apurva Kumar
08 August 2009 at 00:58
Sir/Mam,
I m in urgrnt need of ny recent citation and judgement of sec-27 of indian evidence act along with if forum members could enlighten me on point search and seizure at police station under evidence act?
Regards!
Ap!
vinod bansal
07 August 2009 at 23:24
R/members
can i file a discharge petition after framing of charge (Notice of Accusation)in 138 NI Act Complaint case. Thanx n Regards
Rishi Ahuja
07 August 2009 at 18:56
Respected sir,
An accused committed offences under sec. 192, 197, 199 & 200 IPC, which are punishable under section 193 of IPC. Would severe punishment be awarded in case the above offences proved in the Hon'ble court.
Rishi Ahuja
07 August 2009 at 18:36
Respected sir,
I have filed a case in 156(3) under DP3.
Status report was asked for from IO. May I have the liberty to protest the ATR, in case I feel that it is made on the bases of false and fabricated grounds.
Thanks
baljit singh
07 August 2009 at 15:41
Hi,
its baljit advocate here,
my querry is what is the remedy against the order passed by a criminal court while dealing a case in the capacity of lok adalat.
Facts of the case:
A criminal complaint was filed by a complainanat was entrusted to Special judicial magistrate for disposal. The accused was ordered to appear throuth non-bailable warrants. however the accused approached the complainant and asked him to withdraw the case and assured the payment covered by the cheque within one month. The complainant made unilateral statement in the court in the absence of accused ( who was yet to appear) and his statement was recorded and the case was posted for a date on which a lok adalat was scheduled to be held. The statement was simple one that he has got the matter compromised with the accused as such did not want to proceed with the complaint further. The complainant made the statement in view of the fact apart from the cheque amount a huge balance amoutn was also due to the accused. so doubting taht the accused might not refuse to pay the balance amount, he agreed to withdraw the case. However, the accused failed to keep his promise and as such a day before the lok adalat was scheduled to be convened, the complainant made an application before the court for permission to withdraw his statement and continue with the complaint. The said application was ordered to be put wiht the case file for the next day on which the lok adalat was scheduled to be ocnvened. on the said date a notice of the application was given to the accused, who was not present in the lok adalat on the said date, for some other date and the complaint was disposed off by the magistrate in view of the earlier statement of the complainant already on record. The said application remained pending for quite some time in the court and warrants for the appeacance of the accused were also issued. on one fine day, the court without procuring the presence of the accused dismissed the application on the ground taht the case has already been disposed off in the lok adalat.
querries?
whether the court was justified to disposed off the complaint on the basis of the previous statement of the complainant and ignoring the application made by him praying for withdrawal of statement and to continue with the trial in the changed circumstances?
Whether the complaint could have been disposed off in the lok adalat in the absence of the accused
What remedies are available to the complainant under the criminal procedure code to challege the said order.
baljit singh
07 August 2009 at 15:21
Hi,
its baljit here,
my first querry relates to my earlier querry in response of which i did receive replies but for some of the experts i again want to put the same with some clarifaction.
" my querry was whether the accused can challenge the initiation of proceedings of proclamation against him, without surrendering, in the same court which wherein the proceedings are in progress but he has not yet been declared proclaimed offender.
The replies may kindly be specific in the light of the following facts.
" A, was married to B a U.S. citizen. The marriage took place in USA. The parties cohabited as husband and wife in USA. The marrige later on dissolved in USA. The parties to marriage never came to india any time between the solemnization of marriage till the dissolution of marraige. however, the father of B, who also happens to be US citizen got registered a case in India against A, who was in USA and his family members residing in india. In an enquiry, district police chief concluded that no offence was committed in india and as such recommended the cancellation of F.I.R. however the father of B managed to aproach some other higher official i.e. D.I.G., upon whose further orders the case was ordered to be investigated. Now the investigation is going on only against A whereas all the other members of his family were declared innocent. However in between the pendency of the investigation, A visited india and appeared before the District Police chief and submitted his written version caliming him to be innocent which is on record. His statement was also recorded and he was let to go as such A again returned to USA. However the I.O. of the case whithout disclosing the factum of the appearance of the A before the police chief applied for intiation of proclamation proceedings in the court of CJM without disclosing the other facts of the case especially the apperance of the A before the District Police chief and recording of his statement and also the fact that why he was not arrested when he appeared in case and his statement was recorded and what new fact has come on record for which his arrest is necessary and the investigation cannot be carried without his arrest. So, now it is clear that the proceedings have been intiated with malafide. A has already filed a petiton under section 482 for the quashment of F.I.R. on the ground first of all no offence is made out in F.I.R against him or his family and secondly, if at all any offence is spelled out in F.I.R. then no part of the offence is committed in india as such the F.I.R. is bad for want of jurisdicition wherein the state has also filed reply and admitted the contentions of A with respect to his appearance before the District Police chief and recording of his statemtnt therein. But the local police is adament to get A declared proclaimed offender. Now A want to challenge the initiatin of the procalmation proceedings before the court wherein the same are pending by failling an application through his attorney. Pls suggest and answere the querry in the light of these facts.
Baljit singh advocate.
has intiated those proceedings
Rishi Ahuja
07 August 2009 at 12:06
Respected sir ,
Hon'ble court has pass the direction to IO to submit the status report in person,
but when told the Hon'ble court that IO is neither attending the court nor submitting the status report more then five months past. even after two summuns were also issued, now what action can be taken against him in case he is not attending the Hon'bler court on NDOH.
Rishi Ahuja
07 August 2009 at 12:04
Respected sir ,
Hon'ble court has pass the direction to IO to submit the status report in person,
but when told the Hon'ble court that IO is neither attending the court nor submitting the status report more then five months past. even after two summuns were also issued, now what action can be taken against him in case he is not attending the Hon'bler court on NDOH.
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Sec 138 how to ptoceed with argument
Sir,
Due to the absence of the complainant the Hon. Magistrate ordered closure of cross. The complainant has moved an application to re-open the cross, and I have given my say. Most probably the Hon. Magistrate may proceed with Arguments, will knowledgeable friends here please help me on how to proceed with the Arguments.