BHOOP SINGH
28 March 2009 at 16:16
Dear Experts
We have made a criminal complained against Mr. Madan Lal & his three maternal uncles (MAMAs) on 16th Dec 1998. They were all charged U/s 323,324 & 325. In that case myself, my brother and my father got injuries. Case was under trialed in the Hon'able Lower Court, Kosli Distt. Rewari (Haryana) after 10 year a decision was came that accused charged for one and half year prision with Rs. 300 fine each. But accused appealed in the Hon,able Higher Court i.e. District & Session Court Rewari. After 2 year Hon,able court made some amendment in the decision i.e. that was a family dispute and accused realsed on Probation of 2 year and awarded a compensation of Rs. 15000 to us. But we were not satisfied with Hon,able Session Court decision and Refused to take the compensation. We made an appeal against the decision in Hon,able Punjacb & Haryana High Court in Dec 2008. But Hon,able high court dismissed our appeal on family dispute and long time of case. So you are requested please clarify that
1. Court can dismiss the appeal on said groud. Becouse Mr. Madan Lal is Our Cousin and his MAMA were came outside with and in the case my brother's left hand was broken and my self and my father got head injuries.
2. If court dismiss the appeal than we have another option for re-appealing.
3. If we can not re-appeal than our compensation Rs. 15000 claimed or not.
Thanks
Bhoop Singh
Chetan
28 March 2009 at 07:55
In a case before me-- I am on Accused side
The complainant file 3 different complaints u/s 138, whereas the transac tion is same , but only the accused give him 3 cheques.
The case at Evidence stage (Cross of Complainant)
Whether the cross of one case is to be taken in another 2 cases ? pls provide with provisions
vinod bansal
27 March 2009 at 21:29
Dear All
In a crl complaint i had exhibited a CD in the preliminary evidence of complainant who recorded this,now case is fixed for arguments/consideration on summoning (whether accused may be summoned or not it has to be decided now by the cour)how i can draw the attention of the court towards the contents of the CD i.e. how can i can play/show CD before court at this stage.plz help
Adv. Mohan Chandra
27 March 2009 at 14:53
The complainant is a multinational bank and I am an accused in the case u/s 138, 142 and compensation u/s 357(3). The said case will be shortly completing 4 years. The complainant representative are regularly absent during the proceedings and have been severly reprimanded by various Magistrates on many occassions but on two earlier occassions when the Magistrate were about to dismiss the case they were transfered as per routine.
During the last four hearings the complainant was absent again on the second last hearing the complainant was penalised 1000 and given a last warning and on the last hearing as the complainant witness was absent again for cross examination the cross examination has been closed by the Magistrate.
Now I would like to seek your guidance on how to proceed further.
Should I submit an application for dissmissal of the case, if so what is the procedure. In the last cross the complainant has first denied demanding blank cheques, but later agreed that blank cheques without amount and date were accepted at the time of opening the account.
Kindly note that I am pursuing this matter on my own for the last one year.
Thanking you in anticipation.
Comments Added on 28/12/2009
Sir,
Thank you for your guidance.
Magistrate has already closed the cross examination and informed the complainants advocate that the "matter would proceed further for necessary action" on next date. In view of this what is the nature of necessary action I can expect.
While in the Affidavit the complainaint has mentioned that the accused made the payment in settlement of Rs.xyz on 25/05/05 subsequently in the last cross examination the complainant witness has accepted that blank cheques were accepted prior to opening the account in June 2002 and has since failed to appear for further cross examination.
Under the above circumstances now I cannot proceed further to prove that I had no liabilities at the time of issuing the cheque infact even later.
I would very much appreciate if you will kindly guide.
JANAK GANDHI
26 March 2009 at 17:00
THE LAWYER AT IST AND 2ND STAGE DIDNOT EXHIBIT THE IMPORTANT DOCUMENTS OF ACCUSED RESULTING IN FINE AND 1 MONTH IMPRISOMENT AND A REVISION IS FILED WITH HIGH COURT.THE DOCUMENTS ARE IN THE CASE FILE AND ALSO REFERRED IN THE STATEMENT OF ACCUSED.NOW SURROUDING EVIDENCES AFTER THE ORDER ALSO PROVES BONAFIDE OF ACCUSED WRONGLY IMPLICATED.CAN U ALL HELP ME IN PROVIDING SOME CITATIONS CLAIMIMG THE REMAND OR COSIDERING THE DOCUMENTS IN THE HIGH COURT.BRIEF FACTS IF REQUIRED CAN BE SENT THRU MAIL.
hage nibo
26 March 2009 at 00:19
Hi,
Can a nationalised bank recover debt even after the expiry of limitation period of 3 years without having served any notice within the limitation period
Sukhija
25 March 2009 at 12:55
Hi
1. I want to know that if an account is in the name of a person as e.g. " Gandhi, HUF", then can a person in his individual capacity as Gandhi file a complaint u/s138? The payee will be " Gandhi, HUF", rt? not only Gandhi?
2. If Gandhi, HUF is not named as the complainant then can it be said that complaintant Mr. Gandhi has no locus standii to file complaint? what are the chances of acquittal for accused?
3. Can anyone provide citation to help accused?
Regards.
Sukhija
25 March 2009 at 12:54
Hi
1. I want to know that if an account is in the name of a person as e.g. " Gandhi, HUF", then can a person in his individual capacity as Gandhi file a complaint u/s138? The payee will be " Gandhi, HUF", rt? not only Gandhi?
2. If Gandhi, HUF is not named as the complainant then can it be said that complaintant Mr. Gandhi has no locus standii to file complaint? what are the chances of acquittal for accused?
3. Can anyone provide citation to help accused?
Regards.
Sukhija
25 March 2009 at 12:53
Hi
1. I want to know that if an account is in the name of a person as e.g. " Gandhi, HUF", then can a person in his individual capacity as Gandhi file a complaint u/s138? The payee will be " Gandhi, HUF", rt? not only Gandhi?
2. If Gandhi, HUF is not named as the complainant then can it be said that complaintant Mr. Gandhi has no locus standii to file complaint? what are the chances of acquittal for accused?
3. Can anyone provide citation to help accused?
Regards.
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Negotiable Instrument Act
In a case of NI Act before me :-
A cheque provided by the 'Cooperative Credit Society' Registered under (Maharashtra Co-operative Societies Act)the accused issued such to the complainant. while observing the cheque it didnot look like a cheque generally issued by the Banks, and Which has been specifically mentioned on the upper side " Only for Member"and also the Cheque No. is made by rubber stamped.
Pls tell me what is the authenticity of the said cheque, whetther it is negotiable instrument. now the case is for evidence (Cross of Complainant)with citation
Urgent ....................