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KANDE VENKATESH GUPTA   09 September 2008 at 21:37

Statutory Notice without mentioning the cheque number

Dear Members,
Private complaint is lodged against my client that, X & Y approached the complaint for financial assistance and the complainant advanced Rs.1,00,000/- and X alone executed a promissory note agreeing to repay the same, and that Y issued a cheque in discharge of the above promissory note loan. In the statutory notice given to X & Y as well as in the complaint, cheque number is wrongly mentioned. The complainant filed civil suit only against X, which was also dismissed. The trial court acquitted my client and now the matter is coming up for hearing in the High Court. Please help me, by providing Judgments in the above facts for the following questions:

(i) What is the effect of the dismissal of the civil suit filed against X on the complaint u/s 138 of the N.I.Act?

(ii) What is the effect of wrong mentioning of the cheque number in the statutory notice as well as in the complaint?

(iii) Whether issuance of cheque on behalf of the others without any liability whatsoever and without specific undertaking,and bouncing the same, will attract the penal consequences u/s 138 of the N.I.Act.

sanjay kumar patibandla   09 September 2008 at 21:12

How to file documents in criminal revision petition.

I filed a revision petition before the sessions judge by challenging the orders in Maintenance case by the judicial first class magistrate. But while conducting the trail in lower court my learned friend advocate failed to file one important document on behalf of the revision petitioner..

Shall I file the that important document in revision petition. And know me the procedure.

TS Bhatia   09 September 2008 at 12:59

criminal lawyers

Who are the most renowmed criminal lawyers in india ?

Pawan Mittal   09 September 2008 at 11:08

u/s 138 N.I.Act.

1. I had files a case u/s 138 N.I.Act.
2. The accused has not taken the summons.
3. The MM has issued BW.
4. The accused appeared before the MM.
5. Bail was granted and accused asked to provide the copy of complaint. MM refused to give it. he stated that u have alredy got it and I am not going to give it again.
6. He has moved an application to ADJ.
7. ADJ granted the stay but we have not received any suummons for it.
8. The MM, sine die the case
What I should do it ?

N.K.Assumi   09 September 2008 at 10:50

Killing a thief:

If a thief broke into a house is the house owner of the house entitle to kill the thief by way of private defense:

sagar madan   08 September 2008 at 18:00

cheque bouncing

My client had a motor accident last month i.e 18/8/08. The accused to settle the matter and to avoid litigation and police complaint issued a cheque to my client. Now my client has deposited the cheque and it has bounced.
My query is can the payment by accused to my client be termed as debt?
Can my client still make police complaint of the said accident?

N.K.Assumi   08 September 2008 at 15:10

Writ and Curative petition;

What is the difference between curative petition and writ petition: How curative petition is filed?

N.K.Assumi   08 September 2008 at 13:44

Abolish Death Penalty:

Should India abolish Death Penalty?

But deterrent theory with death penalty has no effect in controlling the acts that you mentioned? As long as poverty is there in the country death penalty will not control all those acts?

anonymus   06 September 2008 at 20:04

CONTEMPT OF COURT ACT

dear sirs,

please let me know whether the subordinate courts viz magistrate and munsif courts have power to take action under the contempts of courts act or only high courts and supreme court alone can take action under the said act?
please reply soon as i am facing a problem in a munsif cum magistrate's court.

Ladhu Ram Chowdhary   05 September 2008 at 19:23

locus standi of private person

under secs. 203,170 & 265 rajasthan municipallities act, 1959 private person have locus standi for complant against any person?