sanjay kumar patibandla
21 February 2009 at 18:51
One gentle man filed a case under 138 of NI act. When it was come for trail he filed his chief affidavit before the court. After that he came to witness box and the defense council cross examined him. Entire trail completed.
At the time of arguments the defense council raised a point that the chief affidavit was not attested by any person hence the evidence of the complainant can not be taken into consideration. So the accused must be acquitted.
Is it correct as per oath act or general clauses act. Please let me know.
Chetan
21 February 2009 at 12:46
A complainant filed 3 different cases for 3 cheques, whereas the parties are same,and the transaction is same, under such circumstances whether I can file an application for trying those criminal cases joinlty or coupled it .
Pls provide any provision and citation
Kamlesh soni
20 February 2009 at 21:17
what is the procedure if someone has file the atrocity in faulty way to my client.my client is innocent but how we proof this he had never spoken word though he will charged atrocity.please give the idea
V V SATYANARAYANA
20 February 2009 at 11:45
Sirs,
If a person of sound mind commits suicide in a fit of anger or depression and names 'X' in his suicide note. There is no personal enimity between the two. What action police can take in this case and what recourse 'X' has under the Cr P.C.
Shall be thankful for clarification in the matter.
rajendra
20 February 2009 at 00:15
Jurisdction of court to file a complaint under Section 138 of NI Act. If all the transaction between the parties have held at Bombay incluidng issuence of cheque by the accused to complainant, cheque presented at Delhi which is bounced, can complainant file complaint even at Delhi ?
sridhar jannu
19 February 2009 at 15:24
Respected Sir
in a case under 338 of indian penal code the lower court sentenced the accused to the six months imprisonment.
brief facts of the case:
the defacto complainant while crossing the road on national highway, a lorry dashed the complainant At about 5 A.M.from the front side and basing on the complaint the lower court,after exmined the eye witness and other witnesses found the accused guilty. now the matter is pending before the appllete court for disposal.
my question is whether if a person while crossing the national highway and sustained injuries by his own negligence, can we take defence the contributory negligence againist the complainant, please guide me and the proper decisions in this regard.
sampoorna
18 February 2009 at 18:34
repected sir/madam,
This is sampoorna can any body pls tell me the meaning of INTERLOCUTORY,
what if the stage of the case in high court, if it is INTERLOCUTORY in the high court,
thanking you all
V V SATYANARAYANA
18 February 2009 at 18:05
Sirs,
I would like to know the difference between 'judicial custody' and 'police custody'. Shall be thankful if I am clarified in the matter.
Sultan Salauddin Khan
18 February 2009 at 11:42
can a Sd.E.M. issue a search warrant u/s 97 of CrPC against a child for his custody who is presently living with his mother in desertion. Kindly cite some judgements in this regard
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aquital in 138 NI Act.
judgement given under citation
K.Prakashan Vs. P. K. Surenderan reported in 2007 (4) Crimes 21 (sc)
Vinay Parulekar Vs. Pramod Meshram, 2008 (2) Mh. L. J. Pg 115 (Bom).
Krishna Janardhan Bhatt Vs. Dattatraya G. Hegde, 2008 (4)Mh. L. J. pg. 354 S.C.(D.B) 2008 Cr. L. R. (sc) 102
can any body send the extract of above judgemt