Madhu Mittal
09 June 2022 at 18:35
A loan was given on the basis of a post dated cheque of Rs. 100000/-, when that post dated cheque was presented in December 2020, cheque was dishonored , notice u/s 138 was issued duly served as per postal track report, and a case u/s 138 was lodged, cognizance taken, Summon was issued and served on the accused by Regd post as per postal track report, thereafter Accused was called by Bailable Warrant which were duly executed. after execution of bailable warrant, on first hearing on 22.04.2022, A banker cheque equal to face value of amount of dishonored cheque was given in the court and accused put the condition of withdrawal of case. Complainant told accused to give interest @ 18% p.a. from the date of dishonor of cheque i.e. 15.12.2020 to 22.04.2022 + prosecution cost. On this accused refused to give more than face value of cheque. Now the hon’ble trial court gave the banker cheque back to accused without taking it on record.
So please let me know whether
1.Is it correct on the part of hon’ble trial court to give it back to accused without taking it record?
2. What should have been done by the complainant on 22.04.2022 ?
3. . What should the complainant do now ?
3. Can an application u/s 216 crpc for adding the offence u/s 422 IPC be made now ?
Any other guidelines , if possible citation also.
Anonymous
08 June 2022 at 13:57
Can I make same complaint in two police station ? Police Station where First complaint made did not investigate propey.
Hence, can I make same complaint in another police station ?
Anonymous
07 June 2022 at 22:55
I have lodge a complaint in P.S. against my husband for remaining another women four years after saperation.
Police register 494, 406, 498 case against my husband.
My husband file divorce case & he got divorce.Now he want to quash charge sheet. Can high court quash charge sheet ?
I wa
Anonymous
05 June 2022 at 23:08
My 1st wife separated from me on 2010, in spite of repeated requests by letters she didn't return. In the meantime my mother was become seriously ill; after few months my mother was died. To take care of my mother I was forced to 2nd time marry a girl & thereby myself committed Bigamy for novel cause.
My 2nd wife file 125 CRPC against me & immediately after filing she married through marriage register & thereby she committed Bigamy & move to unknown address. She forcefully confine my child from and did not allow me to see my child.
I have failed to know her proper address.
I have visited local police station, stating above fact. They advised me to lodge a complaint of Bigamy against my second wife. Police station officer said that since my second wife's Bigamy is documented & I could get custody of my child very easily as she will be go to jail.
If I complain against my second wife, will she go to jail & I get custody of my child ?
Could I be any trouble if I lodge complain ?
My divorce case with 1st wife is in evidence stage.
Please advise.
Suraj Kumar
02 June 2022 at 07:45
I have given Rs 15 lach through account transfer & Rs 5 lack to XXX in good faith for his business upon verbal promise that he will refund the amount within six month with interest.
Now l am urgently need the money. XXX refused to refund any amount to me.
Can I complain U/S 406 &420 IPC to recover the amount with interest ?
Anonymous
01 June 2022 at 23:25
My uncle file complaint before police for theft. Since police didn't take any action, he went to court u/s 156 cpc to consider the complaint as FIR.
The complaint is now become FIR.
Due to personal ground my uncle want to withdraw the complaint. How he could do it ?
Madhu Mittal
01 June 2022 at 22:44
A loan is granted to be repaid in 12 equal installments by taking 12 post dated cheques.
Post dated Cheques for 5th to 8th installments were dishonoured ,so Ist case u/s 138 was lodged for these four cheques.
Post dated Cheques for 9th to 12th installments were dishonoured ,so IInd case u/s 138 was lodged for these four cheques.
In Ist case affidavit of Complainant was duly filed and now case is for examination of accused u/s 313 crpc.
In IInd case “affidavit of Complainant was duly filed or not” is not confirmed, but affidavit is not available in the Court record file, and now case is for examination of accused u/s 313 crpc.
In both the cases, Cross examination of Complainant was already held.
Now at this stage, attention of the court automatically has gone that there is no Affidavit of Complainant in IInd Case.
Now Hon’ble Court is asking to complainant what to do in this position. So please guide, if possible with citation.
Anonymous
22 May 2022 at 00:16
A a person was hit by my car from backside, he sustained multiple fractures. His family members gave complaint to police.
Now, Police filed IPC 338 on me and they gave me station bail.
I tried to help the injured but his family is demanding hefty money from me which i cannot give.
Police suggested me to contact some good criminal lawyer to defend in the court as there is clear evidence of my negligence on my side.
Police also said that in a month or two, i would get notice from court also.
police also said that i would be behind the bars for 1 year as per criminal law.
I am bank employee and my colleagues are also there in the car with me.
If any one of my colleague informs to the higher officials, will i get suspended because of on going criminal case on me?
Should i inform officials about the accident case before my colleagues does? will i get suspended and eventually gets terminated from the service?
Please help me what should i do, need some valid suggestions as it is linked to my livelihood.
Anonymous
21 May 2022 at 21:57
Dear expart,
After 4 years of saperation & immediately after filing divorce by me my wife has filed 498 A after 494 IPC case. There is no ingeredient of 498A in the complaint.As per her complaint with whom I have married, is legally married wife of somebody else.
Police has filed charge sheet against me.
Can I go to high court to quash FIR ?
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Wrongful confinement
My ex-wife hiding my 6 year old son to unknown address & deprived his education. Her husband demanding money to see my son. A complaint is lodged at local PS. But PS did not take any action stating that child is staying with his mother.
I have contacted with state government's child welfare department. They advised to lodge FIR.
Thereafter under section 156, complaint is lodged before court to treat this complain as FIR u/s 344 IPC, 385 IPC, 506 IPC. The application is allowed.
What action will be taken by the police ?
Will police search my son & handover to me ?