Somnath mukherjee
09 April 2009 at 19:32
My wife filed a case u/s498a,313,506,34 I.P.C against me and my family in kalyan court u/s 156(3) on 22-2-2007 and case was subsiquently rejected by the Ld.C.J.M on the grund of jurisdiction.After some days my mother-in-law files another case u/s498a323,326,328,313,315,148,457,147,427504,506,120B I.P.C against me by colouring the same cause of action and upon the same court by supressing the previous one.Whether this case is tenable? Whether i can file quashing? Which one is better for me? Please suggest some relevent case laws.
allurisivajiraju
06 April 2009 at 20:58
Respected Seniors,
There are two searate cases U/S 138 and 142 of N.I. Act between the same parties one case cheque amount of Rs. 6,00,000-00 ie. case 'A'and another case cheque amount is Rs. 7,00,000-00 ie. Case 'B'.
In the case 'A' the Complainant filed his cheif examination affidavit as PW-1. There in he prayed for marking of cheque for an amount of Rs. 6,00,000-00 as Exibit P-1.
But Court marked by mistakenly Rs. 7,00,000-00 cheque as exibit P-1 in case 'A'. Actually Rs. 7,00,000-00 cheque is belongs to case 'B'.
Now what are the option available to the Comlainant to correct the above mistake. Is it curable one or not.
Thanking you in Advance.
allurisivajiraju
06 April 2009 at 20:56
Respected Seniors,
There are two searate cases U/S 138 and 142 of N.I. Act between the same parties one case cheque amount of Rs. 6,00,000-00 ie. case 'A'and another case cheque amount is Rs. 7,00,000-00 ie. Case 'B'.
In the case 'A' the Complainant filed his cheif examination affidavit as PW-1. There in he prayed for marking of cheque for an amount of Rs. 6,00,000-00 as Exibit P-1.
But Court marked by mistakenly Rs. 7,00,000-00 cheque as exibit P-1 in case 'A'. Actually Rs. 7,00,000-00 cheque is belongs to case 'B'.
Now what are the option available to the Comlainant to correct the above mistake. Is it curable one or not.
Thanking you in Advance.
kanwar Lal
06 April 2009 at 15:33
can we file complaint u/s 420 against the person who issued cheque and same was dishonourd due to reason "signature differ" along with complaint u/s 138 of NI ACT.
Jitendra Raval
06 April 2009 at 14:51
In my case the complianant is not the 'Holder in due course' of the cheques numbers involved the the complaint filed against the accused. The Holder of the insrument was not entitled to fill up his name or alter the basic of the cheque.
Kinly quote the caselaws where the accused was released because of above mentioned reason.
K.C.Suresh
06 April 2009 at 05:59
The Special court passed an order u/s 156(3) of Cr.P.C to register a case and investigate the complaint.
The accused challenged the order before the HC for the 3 reasons
1] The special judge is not competent to send the complaint U/s 156(3)
2] The accused are not Public servants and so the Special Court lacks jurisdiction to entertain the case
3] The court is errored in sendingt the case to police u/s 156(3)Cr.P.C with out conducting and enquiry on the complaint
The HC quashed the order of the special sourt and remanded back the case to special court for re-considering the above three points. The order in sending the case back to special court whether legal?
Srinivas.B.S.S.T
05 April 2009 at 21:16
While issuing notice under section 138 of NI Act by mistake the complainant firm was mentioned as "a proprietary concern represented by its proprietor" instead of "Partnership firm represented by its Managing Partner".
Now complaint has to be filed. Will the error crept in the notice will weaken the case of the complainant?.
Manish Kumar Gupta
04 April 2009 at 14:21
Hi all..
We all know that in the proceedings of fidelity insurance policey or Cash in transit policy or other policy related to theft or burglary or misappropriation, A Non Traceble Report is required from police station where we have lodged the FIR.
I want to know that is there any time period fixed for getting that report from police station under any Sec. of Cr. P. C.
Or after how many days we can get it from police authority.
Manish..
Jitendra Raval
03 April 2009 at 20:03
The complinant filed a case under S.138 againt accused before complition of 15 days mandatory time available to the accused for the payment.
The complaintant was in a hurry to screw the accused.
The court has already issued the process.
Will it be tenable in the court of law?
What are the remedies to the accused?
Can he approach high court for quasing the process?
Please suggest the remedies quoting cases if any.
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Can citations be referred in criminal petitions
Ld Counsels,
Can we refer past judgements of SC or HC while filing for a Quash petition. Or is it that citation are reffered only at the time of hearing/arguments.
Please clarify. Thanks.