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Adv. Mohan Chandra   10 May 2008 at 15:33

Sec 138 NI Act and Substitution of Complainant

Sir,

Criminal proceedings were filed against me under Sec.138 NI Act by a leading multinational bank in 2005. The cheque used was one of the ten blank cheques in its possession.These cheques were submitted as security for availing finance facility at the insistence of another multinational company.

During the process, substantial cross examination of the complainant was done and the complainant (representative) failed to appear before the court once written request for various documentary evidence for the amount of cheque bounce was requested. Later complainant bank submitted an application for substitution of representative. The Honourable Magistrate refused to accept the application on the ground that the complainant representative was substantially cross examined and substitution was not permissible.

After a few months the Magistrate was transefered and the new Magistrate allowed substitution. I filed an application for review of judgment in the higher court which has been dismissed.

My query is

1. The original complainant representative failed to appear once written request for various documentary evidence for the cheque amount were requested during the cross examination.
2. In the application for substitution the complainant states that the representative has left service and no longer available while in the subsequent affidavit filed states that the original representative has been transferred.

Under the above condition is their any provisions in the law I can initiate action against the complainant.

Thanks

Gururja Rao   07 May 2008 at 17:50

Suspension of an employee of BHEL(Central Govt) on account of Undergoing Remand During pendency of Crminal Case against him possible.

My friend was cheated by two brothers,One brother is BHEL central Govt employee, and another brother is a business man.both conspired and one bother by signing another brother's cheque issued in favor of my firend,later my friend came to Know that he was induced by both brothers and was cheated, Immediatly he lodged criminal complaint U/sec 420 of I.P.C,against both the brothers, and One brotheri.e central govt employee under went 6 days remand and subsequently obtained bail, now trial is almost over, and posted for defence evidence,till date four years lapsed, however the accused is not ready to compromise since they are habitual litigants, now my friend wants to send remand report to the employer I.e BHEL, now my friend wants to Know what kind of action the BHEL will take against its employee?

vinod bansal   07 May 2008 at 16:35

domestic violence act

R/Member I want to know whether a aggreived mother can file a complaint under domestic violence act against her married major son & daughter in law .

sajjan gupta   07 May 2008 at 08:16

cheque returned but taken part payment in cash after notice

dear sir, i had issued a cheque of ruppes 2700/- to the telecom service provider reliance on 7th sept. 2007(post dated 28/7/2007) as i was not having fund but the collector reqested to issue the cheque and will not be presented without consent.but the same was presented and get retuned as the fund i was expecting did not got.after they send me legal notice in october 2007and in december their collector executive aprroched me and taken a cash of Rs.540/- (cash recept is there)withpromise to give instalment proposal for the amount due. After that day i contacted many times relince office neither the amount paid by me shown in their subsiquent bill nor any praposl send to me.NOw the co. sued me under 138.please advise me what to do?

please also advise if a post dated cheque is issued in anpticipation of fund and if fund does not arrive in future , here no intention to fraud then why it is criminal. as post dated cheque are taken by finnacial institution and banks, ASfuture can,t be granted ther may some problem in general public life in future








vinod bansal   06 May 2008 at 22:00

sustody of Girl

R/Members I want to know who is competent to get custody of a major above 18 yrs.girl who previously eloped with her boyfriend and a FIR was got registered against the boy for the commission of offences uss 366/376 IPC later girl and boy both surrendered in the court.Boy is also Major.Court ordered for judicial custody of boy and girl was sent to NARI NIKETAN.Girl is still fevouring the boy and wants to marry with him.I want to know whether Parents can get her custody against her wish.I further want to know how girl can be released from the Nari Niketan.Who is competent to got her custody except her parents?whether court can release her from Nari Niketan merely on her wish as she is major and she is denying all allegation against her boyfriend.

arjun   02 May 2008 at 12:39

procedure for sending hand writing verifications

In one case it was ordered by the court to send a document for handwriting verification.since the charge was filed prosecution agreed to take steps under 173(8) of Cr.P.C.What are the procedure for sending it to hand writind expert.The document contains a signsture and a seal.Both has to be examined by the expert.

vinod bansal   30 April 2008 at 22:51

156(3)crpc

My friend filed a crl case uss 499/500/323/506/34 IPC in the court of CJM and CJM forwarded the complaint to local police station for registration of FIR.But now we have to came to know that accused party had given bribe to the investigating officer and police is likely to submit his final report with their finding that accused persons have found innocent during police investigation and allegation made in complaint of my friend are false.I want to know whether court is bound with the findings in the report of police.what is remedy available to me to protest police report and to continue the complaint.

vinod bansal   30 April 2008 at 22:33

sec.506 bailable or non bailable in Haryana

I want to know latest position of sec.506 IPC in Haryana,Whether it is bailable or non bailable at present in Haryana.What is latest notification of Haryana govt. in this regard.

vinod bansal   30 April 2008 at 22:30

improper date on cheque

My customer give me a cheque of dated 31-04-2008.In fact month of April is always of 30 days.Now he is not co operating with me.what i have to do now.

vinod bansal   30 April 2008 at 22:30

improper date on cheque

My customer give me a cheque of dated 31-04-2008.In fact month of April is always of 30 days.Now he is not co operating with me.what i have to do now.