Sagar Kotak
20 May 2022 at 12:17
Brief Facts of the Case:
We [the Complainant] have won the case at the trial court in Bhuj, Kutch U/s. 138 of the Negotiable Instruments Act against Accused who failed to honor his payment for Rs. 75 lacs.
The Accused preferred an Appeal against the said order of the trial court. The Appellate court directed the Accused to deposit an amount of Rs. 22 lacs in court as a pre-condition to accept the appeal as per S. 148 (1) of the NI Act which reads as under:-
"the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court"
My Query is as follows:
Present Stage: We have filed an application before the Appellate Court to direct the release of the said amount of Rs. 22 lacs deposited by the Accused in favor of the Complainant as per Sec. 148 (3) of the NI Act which reads as under:-
"The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:
Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant."
I need advice & guidance from my Learned Respected Senior Experts to guide me with relevant Judgements / Precedents / Case Laws / Points of Arguments and / or with any other case material which could help convince the court to release the said amount in favor of the complainant as per S 148 (3) of NI Act.
In spite of the aforesaid law, if the court for some reason denies to release the said amount in favor of the complainant then what are the remedies / options available to the complainant to appeal against the said order? What is the procedure to be followed and which is the competent authority to approach to challenge the order. Can the procedure be expedited or is it a lengthy procedure?
Thanking You In Advance.
Regards.
Anonymous
18 May 2022 at 06:57
Dear sir, 1. After FIR filled in police station of A1,A2,A3 then within how much time does the civil suit we can file against accused? Because first time money given to accused 25/7/2019 and upto November we have given and upto 27/2/2021 transactions have made between us and bindover have written at lawyer on march till April 30th 2021 later there is no communication with accused. 2. What will be court and advocate charges for civil case to recover money worth 7.5 lakh from accused if we have cheques and promisory notes which was given by accused? 3. cheques were bounced in the year 19/5/2021 but cheque bounce case have not been registered due to covid so does these cheques valid or not as of now? 4.how many years it will take to recover money through court after filling civil case towards accused?
Narayanan kv
14 May 2022 at 19:51
Sir/Madam
Myself Narayanan , At present am an farmer .Earlier I was working with a partnership firm from 2009-2021
( Job confirmed on 2011) . They are doing multiple business like mining - retail (Petroleum-product) and etc..No appointment letter was issued. They started to pay pf after 2011-jun. first three years i was worked in site ( contract work done by company) duty assigned by my supervisor. After that I was transferred to Head office in 2012 No transfer letter everything is in oral. From 2013 I was working in head office as an assistant
( designation mentioned in pf slip & salary certificate) . company has two petrol pump and doing retail business . Each outlet has manger and cashiers and they were doing purchase , sales remit cash in bank and they will submit report to head office . My work starts here , receive the data's ( reports from branch-outlet) and summarize and forward to my seniors. I was doing the work as directed by chief accountant and gm. it was going on. meanwhile in branches they started to give credit to customers. At on stage it was in crore . I was informing everything to chief accountant/ gm in written and oral on daily basis. I was entering data's in computer received from branches/outlet and generating reports . That can be viewed by every one of my superiors . Also I was making cheque payment to buyers - all are accounted as directed by accountant and gm. no cash transactions involved with me as the sales is done by branches. i do make bills payment and entering data's and filing Gst returns and submitting reports. at one stage company couldn't meet daily payment because of increase in credit sales and matter has taken to managing director, branch managers was called to head office and conduct a meeting and both branch managers assured and assigned to collect the entire outstanding and gave a written statement that they are responsible for outstanding and cash suspense. It was happen in Nov 2020. salary has stopped to branch managers from Nov 2020. It is surprised no salary for me also for dec 2020. Both branch managers was not come to office form Jan 2021. but I was going and advised by gm/chief account to go for collection / and pick cash from branch and deposit in bank/ various duty. till mar 2021 I didn't get my salary in Apr i got my dec salary then In May I got my Jan salary & in Jun I got my Feb salary. I was asked to stop all head office duty from Jan 2021 and sent to collection and cash pick up duty. in Jun 2021 new person was appointed for my seat in heat office. In 25'th Jun 2021 I went to head office I was no seat to sit and no work was assigned to me and got no proper reply. Next day onward I stop to going office and sent resignation to head office by mail in 1st Jul 2021. I got reply that it was kept pending due to not hand over the sales /purchase details and accounting related statement. But IT- incometax return has been filled for the entire period.
my resignation letter I-7-2021
Sir,
Due to tight corner, I am unable to continue my service; hence I may be relieved
from service with immediate effect. My settlement may be settled at the earliest
please.
Thank you for opportunities you have provided me over the past ten years.
Thanking you
Reply from Head Office 3-7-2021
Dear Mr.Narayanan,
Please note that you have not properly handed over the documents handled by you and also the
pending collections of both the outlets for which you are accountable. You have not attended office
after the lock down has been lifted by the State Government. In view of this, we are unable to accept
your resignation and your relieving has been put on hold.
You are hereby instructed to properly hand over the documents and collect the pending payments
failing which, we may be forced to take appropriate action.
My reply 5-7-2021
I was appointed as Asst., merely doing the work of book keeper with the proper supervision of Chief Acct. & GM. I am not holding any Official documents, I immediately submitted everything after the task was completed by me, to the Chief Accountant/ higher Official to finalize, audit/inspection and for further action.
All the credit sales are provided by the Branch Managers at their own discretion (in this connection the branchmangers already submitted written assurance/Undertaking for outstanding).While the Branch Managers are goingfor collection, myself accompanied only (with Office Interest, in my own vehicle without getting any allowances for my accompany), that too, as asked by the GM & Chief Accountant. Immediately after accompany, I have reportedeverything to the GM and Chief Acct.
In this situation, I wish to recollect one incident, during accompany with the Manager, one party used
vulgar/unparlimetray words against me (threatened me that, he will murdered me) and attacked me with Chair. I immediately reported this to GM & Chief Acct., but till date, no response/action from the Office to protect me. For the past 2-3 Months, I am not receiving any salary from the Office. Moreover, in the present situation ( Covid 19), it is not advisable to travel in the crowded Buses. And also the Petrol rates are high, I am unable to spend any penny from my pocket, without getting salary or any transport expenses.
In the meantime, you have appointed new one in my post and no seat available for me to sit and also you have already taken back all the documents and left me alone without assigning any work.
You are all aware of that, I have worked sincerely without any office of profit except my salary, in good faith and without any negligence that too, under the supervision of GM / Chief Acct,. If any action for good faith, then I will prove my side. No one left the job in the present situation, that too with good salary. I am leaving the job for survival (to safeguard me from Corona virus -as no one is left , except me to take care of my aged mother).That is the only reason for quitting job. Hence, I request you to accept my resignation, relive me and process my settlements at the earliest please.
Recently in Apr 2022- I got same in register post and replied the same to head office by registered post.
Today morning (13-5-2022) I got phone call from commissioner office and asked me to come for an enquiry against the complaint on me from my ex employer.
Please advice me am sleepless for last four years ..... time is very short am feared..... what is my mistake here
how to handle this situation. is it civil or criminal? how to handle this situation tomorrow morning i have to go commissioner office please advice me ..... am sleepless and couldn't concentrate with my personal work
. i never enjoyed a penny of money from office except my salary. am sure about that.
Thanking you
Narayanan K.V.
Recent update misappropriated complaint given on me for Rs.3500000/-
Chintu
07 May 2022 at 16:34
If a person cheated in the name of job group C in railways and luted money worth 1crore from 20 persons then how many FIRs can be filled against him.if it is either 1 FIR which can be attached to single charge sheet or multiple FIRs from multiple persons with more charge sheets.could you let me know
raju
01 May 2022 at 08:30
Summoned witness did not appear and authorised someone else on his behalf to produce records. Even court accept and mentioned u/s 91(2) of cr.pc. that witness cannot be compelled. Although summoned witness was also required to give evidence along with records. My query is how to challenge this before higher court and set aside section 91(2) crpc.
Arjun Arjun
29 March 2022 at 12:57
Sir,
My cousin is a central govt employee(statistical investigator). He was assaulted by a person for the reason of visiting houses for data collection purpose in day time, when most of the male members are away for work. My cousin was admitted to hospital and hospitalised.
Police shared his residence address, mobile number etc to the opposite party and the opposite party is calling/visiting his house for compromise.
SI of the police station told his office in charge that as per their enquiry in the area, my cousin was not wearing id card and this is the reason for beating my cousin. However, SI is not true.
Also, the culprit was bailed by the police. Kindly reply whether police can give bail in a non bailable offense like attacking a public servant in work?
Anonymous
17 March 2022 at 10:10
21 years old state case for hearing now. The state witness including medical officer and investigation officers are dead and only interested witnesses ( relatives of the victim) have deposed their statements but made mistake in cross examination. Now is it fare to close the evidence by state prosecutor in favor of the accused. what if accused not found guilty and not convicted ?
Shafi Ahamed
17 March 2022 at 01:51
Can third party file a criminal appeal before first appellate court
Please advice me
BIJIT Kumar
13 March 2022 at 00:10
The Power of Attorney executor lodged a complaint against me under Section 468 & 471 in the IPC in the Police Station that I had made the said General Power of Attorney in fraudulent means and subsequent registration of Sale Deed for transfer of 10 Lessa land and then mutation is also forged. Now, the Police Served Notice U/S 41(A) CrPC & 91 CrPC to me to report to the Police Station along with all original documents like the POA, Registered Sale deed for verification & threatened to cease all.
I shall be highly obliged for your kind and valuable advice/suggestion in this regards at the earliest please.
Thanking you,
Yours Sincerely,
B Kumar
Email: bkb5219@gmail.com
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