Jitendra Raval
24 March 2009 at 15:44
I would like to share with my seniors follwing
The complainant claimed that accused issued two cheques Rs. 2 lac and Rs. 42000 on 01.08.2008 for full alleged debt.it was deposited and returned undpaid. Immediately after returned of cheques the complainant sent the legal notice to the accused without mentioning the cheque numbers in the notice. The complainat thought, the notice may be void as there was no mention of cheque numbers and did not take any action other then sending notice.
The complainant had thired cheque in his possession. Again he filled the amount Rs. 242000 dated 21.09.08 and present the cheque for payment which was returned unpaid. The notice served to the accused but not received by the accused and confirmed by the postal authorities about the wrong delivery.
The suit was filed on 01.11.08
Inlight of above facts..Please give your expert opinion about following.
1 Whether the case filed on the basis of second notice will not be time barred? As the debit is same and payment was stated to be made in full.
02. Whether first notice without cheque numbers was valid?
Address written on the notices was correct but it was written in Gujarati language and hence the error commited by the concered postman and wrongly intimated to C-103 instead of C-703
Please convery your views preferabally site the related caselaws if possible.
With regards
KANDE VENKATESH GUPTA
23 March 2009 at 16:40
Whether an individual can file complaint against the publisher who depicts women in an indecent manner in the book/pamphlet/newspaper. If so, who is the victim? Whether any of the readers/viewer of the publication can lodge the complaint before the Magistrate under the Indecent Representation of Women Act?
vinod bansal
22 March 2009 at 15:33
Respected all
A single injury was caused with BRICK & injured died for which eleven persons are facing murder charge,in prosecution evidence it is not proved that by whom injury was caused,every witness is silent regarding this aspect that out of eleven by whom this injury was caused,witnesses simply stated that some persons started throwing bricks from the roof of their house at night resultly one person died by head injury caused with brick.I m representing accused plz avail me some citation.Thanks
ess oberoi
22 March 2009 at 14:29
Is there any format in Cr PC for filing a criminal case for prejury ?
vinod bansal
22 March 2009 at 14:09
Respected All,
What is defination of deadly weapon,i m representing accused in a case death was caused by BRICK,,there is eleven accused in this case but injury on the body of deceaded is single injury,i want to know what is defination of deadly weapon & whether brick is deadly weapon or not..plz help,case is fixed on Arguments for 23-3-09.Thanks
Jitendra Raval
21 March 2009 at 20:21
The complained in filed by a wife against husband during the currency of the marriage. No divorce petition filed till the date. The facts of the matter are as under:
01 It is not mentioned in the complaint that the accused is the husband of the complainant. It is mentioned that, the monetary transaction took place in a friendship as both of them working in a Bank.
02 It is mentioned that, complainant deposited Rs. 2 lacs in accused account who was transferred to Delhi when transaction took place and related ‘Pay in slip’ is also filed in by the complainant. During the transaction the relation between the two was at pick. She requested husband that let us have joint fixed deposit in the bank for the entire amount. The amount was the sell proceed of a house which she acquired from her ex-husband.(Main intension was to escaspe from the tax liablility by transfering the amount without knowlodge of accused).Accordingly husband kept the amount in Fixed Deposit account. Operating instruction was either and Survivor. The account opening form was singed by both.
03 After transfer to Delhi husband handed over three blank cheques to wife as insurance premium was due immediate to his transfer. But on due date wife told that the cheques are misplaced and hence husband made the arrangement from payment from different account and hence cheque remained with the complainant.
04 After sometime when wife was in need of money husband remitted Rs. 1.20 lacs out of Rs. 2 lacs to wife through Demand Draft. This fact also not mentioned in the complaint.
05 Once relation between the two spoiled, the wife deposited two cheque out of three blank cheque in the bank for Rs. 2 lacs towards principle and Rs. 42000 towards interest in the bank which returned unpaid without any knowledge to the accused as the account was dormant since long.
06. First notice served but address was written in Gujarati Language and hence could not reach to accused. But no action was taken by complainant without any reason.
07 After few days, she deposited third cheque which was returned unpaid. On this basis notice was served and once again address was written in Gujarati language including numbers pin code flat number etc.
08 The husband came to know about such return of cheque when he received court summon. Since husband had not received any notice or intimation, he filed complaint the local post office about the non receipt of Register post. After inquiry by the post office official, replied that, Since the address was written in Gujarati language the postman given the intimation in flat no C-103 instead of C-703 and hence remain unclaimed and returned to the sender.
Considering above facts of the case, I request my seniors and experts to offer their comments on following aspects.
01 Whether it will be treated as ‘Business Transaction’ Or transaction in a ‘Relation’
02 Whether it will be treated as ‘Consideration passed to the accused’
03 After confirmation by the post office that, it is not delivered to the accused whether it will be termed as ‘Notice served’ to the accused keeping in light of General clause Act 27?
04 What about two notices served? The case will be based on first notice or second. The date of filing the suit is after 60 days of returned of 1st cheques. The cause of action will start after 1st notice or 2nd notice? If we consider 1st then, the suit will be treated time barred.
05. The complainant has submitted only statement of account of the accused account which she get from the bank as a proof of debt.
06 Whether it will be termed as ‘Legally enforceable Debit’?
07. The wife has not given in writing that cheques in quetion were misplaced. It was oral communication between husband and wife.
08 Can accused approach High court for quashing the criminal complaint? If so what grounds?
09. Can accused file a complaint before Hon.Megistrate under CrPc 156(3) and demand police investigation and crminal case again
ess oberoi
21 March 2009 at 20:11
In a complaint before the consumer forum, the opposite party submitted false facts on an affidavit. The complainant also filed an affidavit asserting the true facts and prayed the consumer court for taking cognizance. The Consumer forum did not give any decision on false evidence. In an appeal before the state consumer commission, the complainant/appellant also brought out the falsehood submitted by Opposite Party on oath. The State consumer commission did not give any ruling. How to proceed further. What is the format for filing criminal case and under which rule of IPC/Cr PC in this context? plz help!!
DEFENSE ADVOCATE.-firmaction@g
21 March 2009 at 15:42
There is no specific provision for recall of process in a criminal case by the same Court which has issued it.
What is the procedure for recall / cancellation of process once issued and what is the latest case law in the matter.
Apurva Kumar
20 March 2009 at 12:06
Can ny 1 provides me the citation of Navjot Sngh Sidhu famous case in which he was aquited afterwards, nd allowed later to contest election thou he was convicted! or complete fact nd judgement of d case!
Regards
Apurva!
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