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S.B.adil rahman   15 January 2009 at 21:41

On section 197 Crpc regarding sanction for the prosecution of Public servants.

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

M.S.Chandra Shekar   15 January 2009 at 13:14

Whether Registration Department Fraud comes under CID Scanner

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 ?

kanwar Lal   15 January 2009 at 10:10

Negotiable Instrument Act

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.

Satish   14 January 2009 at 23:01

Stop Payment

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?

R Bajaj   13 January 2009 at 21:03

Deposition by Wife

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?

Vaibhav   13 January 2009 at 16:30

section 138

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

Mahesh Chandwani   13 January 2009 at 00:07

Objection by stranger in criminal trial.

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).

Rakesh Agarwal   13 January 2009 at 00:06

Cheque dishonour

Whether case may be filed for the dishonour of cheque U/s 138, when part payment already received by the drawer?

aj   12 January 2009 at 16:20

ACCIDENT U/S 279,338

I WAS DRIVING SANTRO AND MET WITH ACCIDENT WITH A MOTORCYCLE AT T POINT WHILE TAKING RIGHT TURN.I TOOK HIM TO NEARBY HOSPITAL.POLICE WAS CALLED BY SOMEONE AND MLC WAS DONE SHOWING 3 FRACTURES.AN FIR WAS LODGED.VICTIM CLAIMS HE WOULD GET WITNESSES AND TROUBLE ME IN COURT.I HAVE VALID DRIVING LICENSE AND MY CAR IS PROPERLY INSURED.
1.HOW WILL LAW TAKE ITS COURSE AND HOW SHOULD I REACT?
2.WILL 2 CASES OF COMPENSATION AND CRIMINALIS LIKELY TOBE FILED?INSURANCE TAKES CARE OF COMPENSATION BUT DO I NEED TO APPEAR MYSELF AND APPOINT LAWYER.?WHAT IS LIKELY IN CRIMINAL CASE?
URGENT

Chandan Garg   12 January 2009 at 15:30

Withdrawl of matter under 138 NI act

I have filed a case against one person under 138 NI act for bouncing of cheque..
i also filed one affidavit along with the complaint case and notice was issued..
there after 3 attempts the warrants were issued but not served .. in the mean time some higher people came in between and the dispute resolved...
now i want to with draw the case .. kindly tell whether the presence of another person is neccasary ( in my case the accused is out of country and cant come..) , or there is no need for his presence ... tell me the way of finishing the complaint case