Is it compulsory to comply with the provision of sec. 207 of Cr.P.C. (regarding to supply of documents and statements recorded in inquiry to the accused person) in a private complaint not excusively triable by the Cour of Sessions?
The apex court decided the case of sanction for the prosecution of a public servant vide the below referred case on 7.1.2009. Can any one post the text of the judgement/CRIMINAL APPEAL NO. 8 OF 2009
@ S.L.P. (Crl.) NO.2864 of 2007
Choudhury Parveen Sultana Vs. State of West Bengal and Another
ALTAMAS KABIR, J. & MARKANDEY KATJU, J.
Dated : 07.01.2009
adil/Kolkata
A Exhibit in favour of the Defendent was manipulated in a Civil Case by the Registration Department. The civil case was decreed against the defendant. After that a Complaint to the CID was filed during 1980's, then the CID took up the case and due to some excuse from the registration depatment that the records are in some other court, the investigation was closed.
In 2007 the same exhibit was challenged by the Defendant in the High Court, The Registration Department failed to contest and the Hon'ble High Court gave the order in favour of the defendant/petitioner.
Now I (Defendant / petitioner) have filed a complaint to CID that there investigation was never complete and again ask them to conduct the investigation.
The CID Department in the current year comes out with a reply that they are not responsible to investigate Civil Matters.
Is this statement of CID Deparment is correct ?
customer issued cheque of Rs 100000 to bank official but same was dishonourd due to reason "Refer to Drawer".
Can we file complaint u/s 138 against the cusotmer. Plz refer sny latest judgement.
What's the meaning of Refer to Drawer.
Hi All,
I'm new to this forum.
I want to ask whether "stop payment" of the cheque is covered under 138 NIAct?
I mean to say may I file a case U/s 138 NIAct against Stop Payment?
Sir,
I am investigating a case where one of officer has complained that he has been manhandled by another officer and he wants me to record the statement of his wife who was present at the scene.
my question:
Is this a valid proof for a crime to have been committed?
I am having a house in bhopal and it was given on rent on 11 month contract. Last three month my tenent is not paying rent and when ever i was asking he was replying that i have some problems i will give you next month, then he issued a cheque which was bounced and now next month is 11 month of contract.
What can i do against him ?
i am having rent aggrement with me also cheque which was bounced due to insufficent fund .
Vaibhav
Can anybody advise me that my client want to take an objection for dismissal of application, in a special criminal trial (in N.D.P.S.) pending before District Judge, on the application of discharge filed by the accused. My cleint neither the witness nor the complainant in the said charge sheet. Can he has locus standi to file the said objection, if yes, then under what provision and by what authority or citation (if any).
Whether case may be filed for the dishonour of cheque U/s 138, when part payment already received by the drawer?
Time Limitation U/s 468 CrPC
how does time limitation apply to an FIR u/s 498/406 which is under investigation and the accused is on interim bail for past more than 2 years. most of the incidents mentioned in the FIR have already been more than 3 years old. does it mean that if the police takes 1 more year to file chargesheet, the case will be barred due to time limitation. Or this time limitation is not applicable to the priod of investigation or the Anticipatory Bail proceedings which are already going on in high court.
kindly help me understnading time limitation u/s 468 CrPC.