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Chandra sekhar   29 November 2008 at 20:08

Negotiable Instruments Act

Dear All

The facts of the case are as under. I am for the accused. The accused and the complainants are family friends for over 3 decades. The complainant had sold a property to the accused and executed a registered sale deed. As a part of the sale consideration the accused has issued a Cheque for Rs 65000/- and mentioned clearly in the sale deed. The accused maintained sufficient balance into his bank account as on the date of issue of the Cheque. Immediately the next day after the sale transaction the accused went to the property and found that there are third party claimants on this property and well as that of Governments claim on this property and civil litigations were there much before the sale transaction took place. The District Collector, Thasildhar and other Government Officials have imposed ban on the sale of this property much before the sale transaction took place. But the complainant purchased the property with different survey numbers and after coming to know the problems he has cleverly sold the property to the accused who is his friend. By then the accused has paid huge amount to the complainant except the mentioned Cheque amount. The accused has informed not to present the Cheque. The complainant has assured to solve the problems and has done nothing and presented the for collection as the time of the Cheque was getting lapsed at the end of 6 months. The Cheque bounced. Cheque bounce case and a civil case for cancellation of the sale deed was filed by the complainant.. After some time the Complainant got amended the civil case for recovery of the balance sale consideration in the event of the sale deed cannot be cancelled. The Civil case was won by us and pending at the High Court

The Accused got the land survey done by the Thasildar office to prove that the survey numbers mentioned are wrong and also procured more than 30 documents to prove the land has several claims and Govt. Claims. The Concerned Deputy Collector was summoned to the court by the accused and he has clearly stated in his chief and Cross examination that the property belongs to the Government.

The complainant has filed only a certified copy of the Cheque in the Criminal Court.

I request members to provide and useful information and High court or S.C. judgments favorable to the accused.

Thank you

sampoorna   28 November 2008 at 11:38

compromise..


respected experts,


this is the matter came to all of your notice, that my husband is upscandind since 4 years and a crime case is pending on him and his famaily members, on dowry probhition, and an n.b.w is pending on him since 4 years, till now he did not attend to the court,my husband famaily members are forcing me to take the n.b.w which is pending on my husband,and they even asking me to make an agreement. so, that if they present those agreement in the court the court can dissmiss the warrents,
it is confusing me a lot,is it possibel that an accused (a1) without apperieng to the court,just if the counsil keep the agreement papers can his n.b.w is removed.
how can his n.b.w can be removed if we both compromise in the metter.


sampoorna

allurisivajiraju   28 November 2008 at 08:36

Negotiable Instruments Act.

Respected Seniors,

Mr. 'A' Received a cheque drawn on Bank 'B' from Mr. 'C'. Then after obtaining cheque and Before filing the said cheque for presentation the said bank 'B' was regulated by Sec. 35 A of Reserve Bank of India which resulted the entire transactions of the Bank 'B' were stoped.

In the above circumstances Mr. A Presented his cheque in his account. It was returned with an endorsement " There is no person to collect the cheques of Bank 'B' at the clearing House".

Now what is the otion available to Mr. 'A'. Whether basing on the said endorsement can he file a case under section 138 and 142 of the N.I.Act against Mr. 'C'.There is a time for issue notice.
Thanking You Sir.

amitkaur   27 November 2008 at 21:38

CRIME ACCEPTED DURING POLICE INVESTIGATION AND BEFORE COURT PROCEEDINGS .

IF ANY PERSON CHARGED WITH MURDER ACCEPTS DURING POLICE INVESTIGATION THAT HE HAS MURDERED .THEN ,IS THAT CONSENT (THEORY OF POLICE ACCEPTED BY THAT PERSON ) IS TAKEN AGANIST HIM S A EVIDENCE AND HE IS CONVICTED OR NOT .

amitkaur   27 November 2008 at 21:14

PLS EXPLAIN

WHAT IS COURT OF SESSION AND HOW IT IS DIFFERENT FROM HIGH COURT IN THE TERMS OF POWERS AND JURISDICTION .

bhagwant   27 November 2008 at 18:32

Right of information Act

How much informatin can be restricted to be provided under Right of Information Act in respect of police record.
Can any body give Citation on police record and information can and cannot be supplied by police under this act.

jhanvi   27 November 2008 at 15:35

Register marriage

Dear Mr. Suresh,

Thanks for reply. We have already applied for Solvancy have reuquested gujarat High Court that in place of 6 Lakhs rs. we could present property papers. but no result everytime we are getting new dates. request is beenpending since last 4 months we are tired of listening dates everytiwe both want to get married but because of this pending decision we are not able to do so. my parents parents are forcing me get marry with someone else. Am tensed and scared what to do what would be the result.
Kindly suggest
Regards,
Jhanvi

susanth nair s   27 November 2008 at 06:05

negotiable instrument

respected seniors i am briefly stating facts of a 138case in which i am appearing for the accused. accusedtook a loan from the complainant bank and issed a cheque in the name of the bank. in default of payment of loanamount bank send the cheque for collection and get it dishonoured and hence the complaint.now complaint was filed by the manager but decision to file complaint was taken in a meeting of the board of directors of the bank but no letter authorising the manager to file complaintwasproduced.whether the complaint is maintainable.kindly provide any highcourt or s.c. judgement favourable to the accused. thankyou

Legal_Query   26 November 2008 at 17:45

138 N.I.Act / Foriegn Company

Dear Sir,

A foriegn company, not having office in India issued a cheque to an Indian Company, which bounced due to the reason account closed, can the company be prosecuted under the N.I.Act. What are other remedies available.

Thnks & Rgds

Nishant Singla   26 November 2008 at 16:52

Is it a wrong order

My questions are all around about the significance of Crpc in the cases relate to panchayat act in Haryana.
Que: - One of a person of my village complained to DC of my District YNR about the misappropriation of funds in the tenure of my Father (who was a former surpunch of village at that time.) After doing inquiry the Department asks us to submit 96301/- due to some mistakes in the maintaining record. My father after received the notice from DC submit the said amount. Then the DC has filed the inquiry report in his office and no criminal was sued against my father by the DC. But the aforesaid person due to some political rivalry made a complaint to court U/s 406,420,467,468,471 and the court ordered the local police station for register an FIR and investigates the Case as per law.
My question is that apart from the Distt administration and the district panchayat department a individual person has a legal right to get a case register in the police station against the former surpunch besides this if the distt administration has no other objection and do not find any suitable base to get register a fir against the defendant.
So, is it a wrong order of the respectable judge as per legal proceedings of panchayat department?