Rekha.....
13 October 2008 at 18:32
Dear Sir, M’m
Good Evening
How to issue summon under sec 138(NIA)
The fact of the matter is that our client received cheque of Rs.3,00,000 from the party. The cheque was dishonored by the bank and having endorsement that account is closed. At the time of issuing the cheque, the account was not closed but at the time of depositing the said cheque with the bank the party’s account was closed. Now party is not traceable. The party left the town. We inquired about his whereabouts but address is found but he is not living there. PlZ. let me know how V should proceed further.
If it is convenient to u pl. inform us immediately.
Thanx
allurisivajiraju
13 October 2008 at 07:48
Respected Seniors,
Mr. 'A' Received one cheque from Mr 'B' towards part payment of the promissory Note debt. Later Mr. 'A' presented the said cheque for collection where he is having accourt for five times in different dates with in 6 months from the date of the cheque. Each and every occassion the said cheque was returned with an endorsement 'Insufficient Funds' in the account of Mr. 'B'. Now Mr. 'A' ready to issue notice under N.I.Act to Mr.'B'.
In the above circumstances is it required to mention in the said notice about earlier presentations of cheque or it is sufficient to mention last presentation of cheque. If it is necessary to mention about previous presentations in the notice, whether the entire documents ( i.e. earlier Presentation slips and return memoes except last presentation ) are necessary to be file in the comoplaint or not.
Please advise me as early as possible. Thanking You Sir.
V.G.Rao Advocate
10 October 2008 at 21:17
Is there any provision or law to cause notice to other party to admit the document executed by him during the course of trial in criminal proceedings, where accused did not choose to enter in to the witness box for confrontation.
V.G.Rao Advocate
10 October 2008 at 21:17
Is there any provision or law to cause notice to other party to admit the document executed by him during the course of trial in criminal proceedings, where accused did not choose to enter in to the witness box for confrontation.
vinod bansal
10 October 2008 at 19:46
Sir
my criminal complaint was dismissed and accused were aquitted after trial by judicial magistratr I class Narwana(Haryana)Now i want to file crl appeal against this order whether my crl appeal is maintainable in the court of sessions judge or i have to moved directly before Highcourt. Plz enlighten me. Thanku
allurisivajiraju
09 October 2008 at 20:38
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.
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.
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Continuation- summon to be issued U/S. 138 NIA
dear Sir/M'm
Good Evening
With all due respect sir V would like to inform u further that The Said Party has already sold his property, factory.
It is foolish question to u bt V need to ask u plz sir,
What V certainly need to know that the summon or warrant will be issued will, return without serving .is there any concrete way to be taken in this matter. How our client will receive the Rs.300000 without service of summons or warrant and also if party is not going to appear before the Hon'ble Court.
Thanx that u all r giving ur valuable time 4 us.