In a criminal complaint filed by complainant the name of Accused is wrongly mentioned and summons are also issued to the accused by the court at his address , but the name is not correct.Address is correct.The cheque is signed by proprietor of company,name is not mentioned.My Query is
1)If NBW is issued against Accused, can the person living at that address be arrested in execution of warrant? I think ,no
2)Can the complaint be amended afterwards? correct name of Accused will be allowed to insert in the complaint?
3)Should Accused go for revision now against issuance of process?or wait and go for trial?
4)Should Accused himself appear and face trial?
hi,
one of my friend give me this "judgment of the Madras High Court"
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The judgment of the Madras High Court quoted in the news report below could help you in criminal cases.
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Keep off civil disputes, HC tells police
It Will Only Result In Huge Pendency Of Cases: Judge
A Subramani | TNN / TIMES OF INDIA, CHENNAI 13 July 2008
Chennai: Can criminal proceedings be initiated for issues concerning credit cards, personal loans, housing loans, hire-purchase schemes, default in payment of instalments and cheque-bounce cases?
No, is the Madras High Court's emphatic answer.
Neither the judicial/metropolitan magistrates shall entertain any private complaints from corporate firms in this connection, nor shall the police register criminal cases against persons concerned to please their corporate complainants, said Justice R Regupathi.
Not stopping with that, the judge directed the high court's registrar (vigilance) to compile state-wide statistics on the number of private complaints lodged for these civil disputes, and the orders passed by the magistrates concerned.
Narrating the novel system adopted by private financial institutions/banks, the judge said they file private complaints before magistrates and secure an order directing the jurisdictional police to register a criminal case and carry out investigations under Section 156(3) of the CrPc. Despite the fact that the dispute is civil in nature and the police are under no obligation to register any case, police personnel contact the persons and intimidate them to repay the credit card payment or personal loan or hire-purchase amount due to the bank.
Citing two specific cases that came up before him, Justice Regupathi said in both cases though there was nothing to investigate, the magistrate concerned, "with oblique motive to convert a civil case into a criminal case," directed police to register a case and probe.
CURBING ABUSE
Magistrates asked not to entertain private complaints
Police not to register criminal cases in such complaints
Erring magistrates warned of stringent action
HC registrar asked to compile statistics on number of private complaints
Also asked to report on the orders passed by the magistrates concerned
Banks using police to harass defaulters: HC
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also in "judgement of the Supreme Court" wherein it has been decided that the NBW could not be issued at the first instance. It had to be preceede by summons and a bailable warrant.
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Kindly advice if this Judgment is there then how could the Banks had issues Warrants and filed cases on me under Criminal Law from the lower court,can I get those cases and warrants/summons cancelled on basis of this judgment and can we take action against banks and sue them for mental harassment.can i file PIL for this.
Can someone please enlighten me as to how can courts grant anticipatory bail to those accused who have gone into hiding?
Is such an order of the court granting anticipatory bail to absconders justified?
charges 420,467,468,471,120(B)
I want to know that if an insurance agent
is punishable if the person who is insured is killed by somebody.The agent is neither financial beneficiary nor related to the nominee.The police hasnot made any charges against nominee.
whether filling a proposal form is also a ground for punishment.
I want to know is there any veredict/judgement of high/supreme court which can establish that insurance company has the right & authority to accept/reject a policy and claim and an agent has no role in it so how can he be held responsible given that nominee is not chargesheeted by police
sir my client allready on bail in 324,325 ipc police has add 326ipc in same case we can got anticepitary bail in this case which authority can aviable tell me
WHAT IS THE LEGAL DEFINATION FOR 'CHARGE SHEET'? PLEASE CITE SUPREME COURT OR HIGH COURT DECISION.
I need best criminal layer and best civil layer in Chandapur(maharashtra) please suggest name and phone no.
sir,
this is sampoorna six months back i given my case details.and i got a very good responce and also a valuabel sugestion.but till date iam not abel to perform those because i did not get the best criminal lawyer.
plese any body sugest me the best criminal lawyer in hyderbad and secunderabad area.
thanking you all
sampoorna
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