salilkumarp
08 October 2008 at 18:26
SIRS,
IN ONE OF MY CASES,ALLEGATION WAS THAT ACCUSED ISSUED ANOTHER PERSON"S CHEQUE TO THE COMPLAINANT IN DISCHARGE OF A DEBT AND HENCE COMMITTED AN OFFENCE OF CHEATING.BUT , COMPLAINT WAS FILED U/S 138 OF NI ACT AND THE TRIAL COURT CONVICTED THE ACCUSED U/S 138 NI ACT.IN THE APPELLATE COURT, MY CONTENTION THAT OFFENCE OF 138 WILL NOT LIE WAS ACCEPTED.BUT THE RESPONDENT ARGUED THAT , EVENIF, 138 WILLNOT LIE, COURT CAN ALTER CHARGE U/S 222(1) OF CRPC FROM, 138 NI ACT TO 420 IPC.
WHETHER ALTERATION OF CHARGE CAN BE DONE AT ANY STAGE ? EVEN AT APPELLATE STAGE ?
PLS ADVISE ME
salilkumarp
08 October 2008 at 18:15
sirs,
facts of my case is that 3 persons were found transporting indian made foreign licquior from pondichery state to kerala state in an auto-riksha.
accused no. 1and 2 were passengers sitting in the back seat carrying the entire contra- band articles.nothing was recovered from the possession of a 3 (driver).excise officals also admitted that they have not seen driver helping the passengers to put the mo in to his auto also.
I AM FOR A 3(AUTO DRIVER) ONLY.
IN THIS CASE, EVEN IF THE ENTIRE PROSECUTION CASE IS ADMITTED, IS IT NOT A3 ENTITLED TO ACQUITTAL ?
I AM TOLD THAT SUPREME COURT HAS MADE THIS POSITION CLEAR IN 1967 STATING THAT IN SUCH CASES PROSECUTION HAS TO PROVE THAT MOS WERE TRANSPORTED WITH THE KNOWLEDGE AND CONNIVANCE OF DRIVER ALSO.OTHERWISE, DRIVER IS NOT LIABLE.
ANYBODY, HAVING THAT PARTICULAR RULING/ ANY OTHER LATEST RULING, REPORTED IN AIR,CRIMINAL LAW JOURNAL. KLT, KLD,
PLS FURNISH
THANKS
Legal Fighter
08 October 2008 at 13:01
A domestic violence case has been lodged against me in which i have file my reply. the case was put for submission of rejoinder but the complainant moved an application requesting the court to direct me to submit documents which i have relied upon in my reply so that they can file the rejoinder. now my question is there such any provision in CRPC for submission of documents before rejoinder? i think its upto me at what stage i want to submit those.. court can't force me to submit those in consideration to rejoinder. pls advice.
Ladhu Ram Chowdhary
06 October 2008 at 21:40
maintennance can be awarded to wife in case of desertion by herself.pl.give me caselaw of s.c. & other H.C.
shivraj
05 October 2008 at 10:33
whether the wife can claim maintaince than one year which is due from the order?
whether the wife can filed application for recovery u/s-125(3) more than 12 months?
susanth nair s
04 October 2008 at 06:47
plz provide the prohibition of smoking in public places rules 2008 whether barassociation hall comes under the defnition of publicplace
Murli Manohar Prasad
01 October 2008 at 20:51
my query is as to whether after the enforcement of the Prevrntion of Corruption Act,1988 ,if a charge sheet is submitted by the police in the year 2008 against a govt.servant u/s 5(2) of the Prevention of corruption Act,1947 is legally valid or not ?
Murli Manohar Prasad
rahul
30 September 2008 at 19:55
whether cross in examination can be reopened in the matter of section 138 of N.I.Act?
Tribhuwan Pandey
30 September 2008 at 19:19
Conviction upheld by the High Court
Accused on bail directed to surrender if not be arrested. Bail bond forfeited.
Whether the accuse has to surrender for filing an appeal before the Supreme Court or his SLP can be entertained directly?
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Negotiable Instrument Act.
Respected Seniors:
In a complaint ( Basing on the dishonour of cheque which was issued by the Accused for partpayment of the promissory note debt) U/S 138 and 142 of N.I.Act the list of witnessess who are scribe and Attestor of the promissory note were not mentioned. But the Managers of the Accused Bank and Complainant Bank only were mentioned as List of witnessess.
Now the Complainant was examined as PW-1. He wants to examine the attestor of the promissory note to prove his debt.
What is the option available to the Complainant to examine the attestor.