nitmuk
23 August 2009 at 19:28
Sir,
Arrest warrant has been issued against me under section 498a. I dint show up in the court since I am working in USA. Now I have been declared as proclaimed offender.
>> What should I do now?
>> Is it safe to continue staying in USA?
>> Would the Indian emabassy in USA impound my paasport?
>> My wife knows that I am in USA . What all she can do to get me back to India and screw my career, since this is what she wants, to ruin my career.
Ritesh Mulchandani
23 August 2009 at 18:32
I WANT TO KNOW THAT CAN A VOICE RECORDING BY A MOBILE HAS BEEN ADMISSIBLE AS AN EVIDENCE IN CRIMINAL CASES IN INDIAN COURT AS PER LAW.
Regards
Ritesh Kumar
Ujjain(M.P.)
Sameer
23 August 2009 at 12:52
have purchased a land from A by paying him half the amount of total consideration with some conditions like measuring the land,removing the encrochement, the land not reserved,etc.but all conditions was not fulfilled by the sellar so i issued him notice to comply the conditions in sale deed and in event of the conditions are not fulflllied i will be restrained to stop the cheque thouh he did not reply my notice and not fulfilled the comditions mentioned in the registered sale deed so i stopped the cheque, my account was having more than amount of cheque. he presented the cheque to the bank my bank sent him the memo with having remark as payment stopped by the drawer, so he sent me notice u/s 138 ni act i promptly replied to it mentining tjhe facts,but he filed with criminal case u/s 138 against me, the more of the above is that he supressed the facts of the sale deed from the magistrate,so he issued the process, here what remedy is available to me i am very much afraid because it the criminal case me.I am ready to pay the said amount as soon as he compleates the what he has agreed in the sale deed.
i have already moved to high court and the hon high court has stayed the procedings of the trial court, but i an still worried, i have filled regular civil suit also at senior division against the person.
kindly help me by sending me the recent judjements and suggestions.
please help me.
Ranganath
23 August 2009 at 01:44
Ls counsels,
Are unsigned documents of accused accepted as evidence. Will the court permit the prosecution for hand writing analysis of the accused in a forensic lab.
Pls clarify
Adinath@Avinash Patil
22 August 2009 at 21:44
What is the Existing legal libility to prove in pvt.complaint u/s 138.
WHATSAPP 91-8075113965
22 August 2009 at 19:03
sir,
this is question regarding defences , generally about a criminal case. hence, i, myself know that this is a vague question.still , if any body, tries to explain, it elaborately, WITH ONE /TWO RULINGS OF HC/SC, i would be obliged to you all sirs.
1.delay in loadging a complaint before a police officer, is how far fatal to prosecution ?is there any material things to be noted by a defence lawyer, regarding, this FIS {COMPLAINT}.
2.is the delay of reaching FIR in the court , how far fatal ?
3. what is the relavancy of SCENE MAHASSAR in a criminal case?
usually a defence lawyer says NO CROSS to a scene mahassar witness . is any thing should be asked to him ?
4. when the both seizure mahassar witnesses turn hostile, still conviction can be sustained ?
5. what should be asked to an investigation officer ?
SALILKUMAR.P
ADVOCATE
THALASSERY-670101
09447536929
vinod bansal
22 August 2009 at 15:00
R/Members
Kindly enlighten me on judicial appraisal.Thanx
V.Raghavan
22 August 2009 at 13:41
The fact of the case is:
A (Defacto Complainant/Complainant)buys a car in 2001 his brother's sons (B & C)just take the car for a ride and didnot turn up for three days and after the fourth day they rang up and say due to their urgency they sold the car and they will pay the money in two or three days. A lodged complaint with the police against B & C and the police and Road Transport Office were in search of the car and the B & C. After nearly 5 months with the help of three neighbour state police and Road Transport Offices, the car was traced and its new owner(!) was arrested and from him the address of the B & C were obtained. Warrant taken and arrested B& C and brought him to the court by the police and FIR states the IPC sections 410,411,414,415 & 425 of offences they did.When the case is in its trial stage, the Court transfers the case to 'Lok Adalat' and try settle the matter amicably and the Accused agreed to pay the car sale value with in 3 months and they issue a cheque for the amount. The cheque bounced again the Complainant was in search of the B & C and finally they brought into the court after NBW was taken against them by filing a cheque bounced case(138 NI Act) for their willful default. After some hearings the accused pleaded the court to transfer this matter also to the Lok Adalat along with the previous case pending with them that they intend to settle the matter there itself. Against the intention of the Complainant court transfer it again Lok Adalat for settlement of both the case. There the B & C agreed to pay the cheque amount within 3 months and initially they paid Rs.75,000(for 1,90,000/-) and another Rs.80,000/- was paid in small instalments on the hearings and a balance of Rs.35,000/- is still kept pending even after the completion of 5 years of the transfer of the 138 NI Act case. The Complainant accepted the amount before 6 years that too the accused agreed to pay within 3 months. But even after 6 years the accused did not pay the full amount and they were continuously absent for the Lok Adalt. Finally last month since the complete settlement could not be effected the Lok Adalat remanded both the cases to the trial court. Now in the trial Court the accused represents he is ready to pay the balanace of Rs.35,000 plus another 5,ooo/- and demanding us to accept since the amount was agreed earlier. Now the complainat says since the accused made him to wait for nearly 6 years and even now they did not complete the payment of the agreed amount he demands another 1 lakh or else to conduct the trial of the case. The Proof affidavit filed and documents are marked in both the case. Since the accused admitted their offence(by paying the amount in parts) is any chance of requesting the trial court to pass order without the trial(documents are also marked)? Is there any rule or section in CrlP.C. to demand such. The Complainant is now 85 years old and sick and he may not be able to attend the trial(he is an ex-policeman)? Please advice me
Member (Account Deleted)
21 August 2009 at 22:11
A Complaint has been dismissed by the Magistrate u/s 203 Cr.P.C.
Does a revision lie u/s 398 only? Is a revision u/s 397 not maintainable?
Is it correct that u/s 398 Cr.P.C. Revisional court can only order inquiry and cannot exercise any other Revisional powers?
Is it correct that for exercising powers u/s 397 Cr.P.C. original records have to be mandatorly called for from the lower court? Does not the Revisional court have power to rely upon copies produced by the parties?
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what are the stages from lodging of FIR to framing of charge before court of sessions.