allurisivajiraju
24 February 2009 at 17:51
Resected Seniors,
In case filed by the Complainant U/S 138 and 142 of N.I.Act before filing surities the Accused not present to the court on a particular day for which posting for surities, subsequently Court issued N.B.W. against Accused.
The accused absconded and where abouts not known to the Complainant. But each and every adjournment Judge comelling the Complainant for execution of warrant against Accused.
In the above circumstances whether the Complainant file a petition U/S 19 of Criminal Rules of Practice to put the case in Register of Long Pending Cases or any other remedies available to the Complainant.
Please give suggestions immediately.
Thanking you in advance.
Rajesh
24 February 2009 at 17:35
I have a freind of mine who worked with a very small Pvt. Ltd. company, for about a Year and half in the capacity of Factory Head.
He was incharge of all the activities carried on in the plant including cash.
He was also been authorised to operate the bank account jointly with the Finance Manager to the limit of Rs. 40000/-. There was a service bond with the below mentioned 2 (two) clauses
1) That the Employee has agreed to serve the company for a period of 2 Years (from..... to ......)
2)In case the Employee breaches the condition , he shall forth right pay to the employer a sum of rs. 250000/- as damages and incase the payment is delayed the employee shall be liable to pay interest @12% per annum.
This freind of mine got a very good opportunity with a multinational company and decided to leave the small Pvt. Ltd. Company.
Inspite of much persuasion the employer did not agree to relieve this freind from the job. However my freind decided resigh and serve him 30 days of notice.
The employer issued him a letter stating that the freind cannot be relieved as he has signed a bond, and in case he decides to breach the bond, he shall have to pay the damages as listed out in the bond.
My freind on realising that he is not allowed to move out from the company, did the below mentioned.
The company had an old machinery to be sold, a party had come to see the machinery and agreed to the General Manager of the company to purchase the old machinery for Rs.2.6 lacs. As a token he paid an advance of Rs. 80000/-, for which the General Manager gave the receipt.
On the next day freind took an amount of Rs.50000/- and left the balance amount of rs. 30000/- in the cash box. He immediately wrote an e-mail that he has spent cash of Rs. 50000/- out of the advance of Rs. 80000/- for meeting his personal obligations, and that he intends to return it before the expiry of his last date of notice period, incase he fails to return the cash the same can be deducted from the full and final settlement of dues taht are payable to him by the company.
Subsequently he returned rs. 10000/- and requested the company to settle the balance against the dues payable to him by the company.
The company asked my friend not to report to work from the very next day onwards, without giving anything in writing, and withpout making the full and final settlement. My freind has repeatedly requested the company to do the settlement
instead the company had filed a police complaint - which my freind went and attended. The Police authorities advised that its an accounts dispute and both party should settle amicably.
Off late say about the expiry of more than a year the freind has got a summons from the jurisdiction court under Sec. 205,206 & 208.
Any legal experts can advise hte course of actions to be followed by my poor freind(Financially as well as under this situation)
God Bless!
vinod bansal
23 February 2009 at 19:03
Sir
A crl complaintwas filed by someone against my friend before magistrate who sent the complaint to concern police station for registration of FIR us 156(3) crpc after investigation police filed cancellation report in court stated that no offence made out & accused i. e. my friend is innocent ,ultimately complainant filed a protest petition and lodged his objection on police investigation,court after recording his statement summoned the accused i.e. my friend & now case is fixed for framing of charge,i want to know what is evidentory value of police report/investigation ,i want to got discharge my friend from the case but there is statement of complainant which is against my friend,police has filed a report in favour of my friend ,kindly provide me some citations regarding evidentory value of police report/investigation at the stage of framing of charge,i want to got discharge my friend plz help me....thanks
manish
23 February 2009 at 12:30
judgement given under citation
K.Prakashan Vs. P. K. Surenderan reported in 2007 (4) Crimes 21 (sc)
Vinay Parulekar Vs. Pramod Meshram, 2008 (2) Mh. L. J. Pg 115 (Bom).
Krishna Janardhan Bhatt Vs. Dattatraya G. Hegde, 2008 (4)Mh. L. J. pg. 354 S.C.(D.B) 2008 Cr. L. R. (sc) 102
can any body send the extract of above judgemt
sanjay kumar patibandla
21 February 2009 at 18:51
One gentle man filed a case under 138 of NI act. When it was come for trail he filed his chief affidavit before the court. After that he came to witness box and the defense council cross examined him. Entire trail completed.
At the time of arguments the defense council raised a point that the chief affidavit was not attested by any person hence the evidence of the complainant can not be taken into consideration. So the accused must be acquitted.
Is it correct as per oath act or general clauses act. Please let me know.
Chetan
21 February 2009 at 12:46
A complainant filed 3 different cases for 3 cheques, whereas the parties are same,and the transaction is same, under such circumstances whether I can file an application for trying those criminal cases joinlty or coupled it .
Pls provide any provision and citation
Kamlesh soni
20 February 2009 at 21:17
what is the procedure if someone has file the atrocity in faulty way to my client.my client is innocent but how we proof this he had never spoken word though he will charged atrocity.please give the idea
V V SATYANARAYANA
20 February 2009 at 11:45
Sirs,
If a person of sound mind commits suicide in a fit of anger or depression and names 'X' in his suicide note. There is no personal enimity between the two. What action police can take in this case and what recourse 'X' has under the Cr P.C.
Shall be thankful for clarification in the matter.
rajendra
20 February 2009 at 00:15
Jurisdction of court to file a complaint under Section 138 of NI Act. If all the transaction between the parties have held at Bombay incluidng issuence of cheque by the accused to complainant, cheque presented at Delhi which is bounced, can complainant file complaint even at Delhi ?
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citations on demarcation & recovery
R/All
I m representing the complainant in a murder case,case is based on circumstantial evidence bcoz there is no any eyewitness of the occurence,police had recover looted articles from the possession of accused further accused had demarcated the place of occurence,accused defence case is of total denial,accused had not explain how stolen articles were in their possession as police had recovered the same from the possession of accused,accused are silent on this point,,i want some citations on this point for complainant side to got convicted the accused,thanks case is fixed for tomorrow i.e 25/2/09