Abhishek R
27 February 2018 at 19:46
Sir,
A dispute between the u/signed and the one whose business we purchased. We have issued 2 cheques from our Savings Bank account before forming of the Company. Later we paid him from Company's current account from another bank. And one chq of Savings bank account was lying with him. So far so good.
Later there was dispute among us. He took illegal possession of the premises. I have filed police complaint. Under pressure, he put stamp (which was in his possession when took illegal possession) on the earlier cheque, which was lying with him and submitted to the Bank. Savings account cheque with Company's stamp has no relevance. But dumb bank clerks returned it as account closed. He filed case u/s 138 of NI act.
When he submitted a photocopy to the police stating i have owed him money and also offered us compromise formula that we withdraw police complaint and he will take 138 case back. After seeing photocopy of the chq, we realized it is fraud and we filed a case. Hon Court ordered enquiry. We also contested 138, which was eventually dismissed as he left the cross exam in between.
Now our forgery case is in progress. He took anticipatory bail for and in his application for bail, he admitted that the chq does not bear seal. Because we have submitted true copies of the earlier chqs from the same series given to him before formation of the company, through police.
As per our request, Hon Court asked for 138 case papers which are lying on his table along with forgery case.
During the argument before framing of charges, we referred to his cross from 138, where he commits that one of the signatory is NOT A DIRECTOR. But Court asked to show law whether he can use evidence of one case for another case.
The fact is the subject matter of both the cases is the same cheque. The parties are also the same.
1. Sir, will you help us to site some case law for using evidence of one case to another. The evidence is his answers under oath in front of JMFC.
Thanking You. Regards.
Anonymous
26 February 2018 at 15:01
dear sir/madam
as per the case some of the brief point to proceed against FIR against me i am an education consultants was registered with british council one of student came to me along with his elder brother in 2005 to get admission in uk university in jan 2005 he made his 50% fee deposit by our company support by cheque n cash n receipt issued for same. he applied his study visa in Feb 2005 session which got delayed by British High Commission he withdraw his file from embassy and applied for sep 2005 session he got his visa after the interview in British High Commission, new delhi on 3 aug 2005 and got his student visa starting from 1sep 2005 to 31 oct 3008. i inform the university about student visa secured for sep session. On 17 Aug 2006 university refunded the demand draft to student which was made by my company account. he gave us authority letter to cancel the demand draft of rest he will pay by taking bank loan which was sanctioned by corporation bank, palam branch.
He has take all his admission letter and tuition fee receipt to cross the uk border and reached united kingdom on 1 sep 2005 without informing me.we approach student but his number is not reachable. on 15th dec 2005 his elder brother and uncle approached me without any authority letter from the younger brother who fled london, uk on student visa and ask me for tuition fee refund as they have change there mind for studies now. they said they want his brother to send uk only. they made complaint against me on 15th dec 2005 and i got arrested for 406/420.
after 13 years of fight back now session court removes ipc 420 against me and running the trial. now the stage is in defence evidence his marksheet of 10th and 12th found forge after CBSE summoned. i have deposited the money in court as per court direction in the name of complaint(elder brother).
In Prosecution witlessness elder brother and younger brother misled the court and given false statement. also court has warned the complaint to withdraw the FD amount interest without court order, as court has given FD to complainant to renew he made again for the same amount which was made by me.
they are rich people they ruined my business my life as they said at the time of FIR as there is an statement by complainant that they know someone as known to police.
now it is clear picture that complainant has ruined my life by planning and giving forge document and using my services.
now i need advice what all section should i put under ipc against them and file complaint against them. i guess ipc 340 is too long at this stage.
let seek advice n follow further.
warm regards
Member (Account Deleted)
24 February 2018 at 17:36
respected sir with all due respect to you and all advocates i am myself advocate in these batch cases filed u/s 138 of ni act. sir by inadvertence oversight and lack of computer knowledge i myself filed process in the court, as per Form no. 4 (second schedule) of crpc, as 111 special magistrate court instead of lll special magistrate court. also the section without checking the discrepancy ( i.e;111 special magistrate court ) issued me process u/s 82(1) crpc for paper publication. the paper publication is made in vernacular newspaper as per court's order and filed in court. now as the court knows the discrepancy ( i.e;111 special magistrate court instead of lll special magistrate court ) it has posted the matter for orders and, objections if any. the accused did not appear on the day of filing paper publication in court. also the accused knows the correct court no., jumped bail from the same court no., and is aware of cc no's.
now 1. whether typing 111 special magistrate court instead of lll special magistrate court make the paper publication defective?
2. while giving paper publication u/s 82(1) of crpc in vernacular newspasper through court's order , i have only filed (copied) process as per Form no. 4 (second schedule ) and not typed "as per courts order" and "sd/-" above magistrate.?
3. whether AIR 1963 SC 1120, AIR 1964 SC 1300, AIR 1969 PAT 181, AIR 1976 KARNATAKA 204 BE OF ANY HELP? WANT TO AVOID FRESH PAPER PUBLICATION?
PLEASE ADVISE AS THE MATTER IS POSTED ON 28-02-2018 FOR ORDERS.URGENT.
Vicky Ochani
21 February 2018 at 08:52
Mala and Rahul were married in 2001 and were residing at Vijayanagar, Bangalore. However after few years their relationship got strained and were regularly quarrelling over frivolous issues. One Day, Mala left her matrimonial house with her eldest daughter Pinto and started living with her father Gopalakrishna at Jayanagar, Bangalore. Rahul kept his younger daughter, Pinkoo with his sister, Deepa and prevented Mala from seeing the child.
During a noon Mala came to Deepa's house and forcefully took Pinkoo with her. Rahul on hearing this reached Gopal Krishna's house and quarreled.
After two days of the incident, Rahul and Gopalkrishna happened to meet at a market place and started to quarrel and grappled with each other. Both fell down. In the heat of passion thus generated Gopalakrishna slapped Rahul saying he would kill him. Rahul in fit of rage took a stick lying nearby and gave a blow to the stomach of Gopalakrishna.
Gopalakrishna who was suffering from diseased spleen fell down instantly. Before dying Gopalkrishna gave his Dying Declaration regarding the fight and the knowledge of Rahul about the enlarged spleen. Rajajinagar police arrested Rahul and filed charge sheet.
Evidence was led by prosecution in the sessions Court and during trial an eyewitness stated that it was Gopalakrishna who slapped Rahul and started the fight. Trial Court relying on Dying Declaration of Gopalakrishna convicted Rahul for commission of murder and sentenced him for life imprisonment.
Rahul challenged the conviction by filing a Criminal Appeal, before the High Court of Karnataka, relying on the deposition of the eyewitness
LAWYER ASSOCIATES
16 February 2018 at 23:38
A person caught with 39000 tablets of lomotil, He is rejected regular bail once, now what's the next step for bail and What are the Chances of getting bail.
Is bail a right of accussed, or discretionary power of Judge. Pls suggest
Sanjeev
14 February 2018 at 11:08
Sir i am resident of delhi, I am 46 yers old after my mutual divorce in January I did court marriage and aryasamaj marriage from gaziabad with a 28 years old girl, my parents are agreed but girls parents are not agreed. Girl is still living with her parents she told them she want to marry me but they are not giving permission and they took mobile and laptop from her and not allowing to go out of home. What I can do to protect me and her. And how I can get my wife liagally with me. Can they file any false case against me or her. Please guide as soon as possible. Thanks & regards
Anonymous
14 February 2018 at 00:34
my 2 daugthers who born in abroad (swedish) they have PIO card, i was not aware i need to register in Foreigners Regional Registration Officer (FRRO) will there be any complications
Stayed in india for around 3 yrs without registration
Anonymous
13 February 2018 at 22:17
I was debarred from X psu exam in 2016 due to my negligence and I got a letter that I'm debarred from X psu exams for 3years and no police was involved in this matter or not any case was registered neither I went to police staion. After some days I got selected on Y psu in 2017. Will I get any problem in Y psu police verification process due to X psu issue
Anonymous
13 February 2018 at 21:52
A case was registered under 304B & 498A in the year 1994 against in-laws at the age of about 50-53 years. They were jailed and released on bail by high court after 6 months, latter after 2 years husband(25 years) was also added in the case diary. Against harassment and cruelty prosecution only has part of hand written diary, few pages indicating some of the events and conversation had with her in-laws which are of routine in nature. On the other hand there are letters written by the diseased to her husband praising him and her in-laws. Now with current situation when mother in law is no more, father in-law is at 78 years, witness getting older, proceeding still to begin, how to keep accused ready for court proceedings in future to counter the false allegations.
Thanks and regards
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Query on submitting video recording, audio recording, email
Query on submitting video recording, audio recording, email printouts, whatsapp chat messages.
The above documents can be submitted under section 65B to 75B of Indian Evidence Act read along with IT Act 2000.
"The Indian Evidence Act has been amended by virtue of Section 92 of Information Technology Act, 2000 (Before amendment). Section 3 of the Act was amended and the phrase “All documents produced for the inspection of the Court” were substituted by “All documents including electronic records produced for the inspection of the Court”. Regarding the documentary evidence, in Section 59, for the words “Content of documents” the words “Content of documents or electronic records” have been substituted and Section 65A & 65B were inserted to incorporate the admissibility of electronic evidence."
Now when I submit the above evidences to the court on behalf of the petitioner. Should I submit CA report along with them or should I wait for opposite party to put their takrar and then ask them to get them verified by CA for their autheticity? Is this route good?
or
Shall I submit the CA report along with the evidence itself and mark the CA report too then and there?
Or
Shall I ask Hon JMFC 2nd Court to order for checking of authenticity of documents by CA?
Which is the best route in this case?