LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Manjunath   27 April 2022 at 19:32

Fir against police in cheque bounce case

Sir,

I had filed a cheque bounce case in local district court.
Now it is in appearance of accused stage.
Court has issued a NBW against him.
It has been months now and The local police is useless to go and catch him.

Can I put a request letter to police to catch him quoting the warrant number and case number of court.
If police fails to catch him within a week, can I file FIR against SI of that police station for failure to perform duty?

rita   27 April 2022 at 09:39

Lawyer is not giving documents

Hi Team,

My lawyer had suggested to file a case under section 420, 406, 520 and 506 for a cheating case towards property.

My lawyer is not sharing any documents with me for the court fees paid and application made to the court.

Till now I have paid him 26000 - which he has told me it is application and court fees paid to the court but no receipt shared.

He is now demanding additional 14000 for court verification fee.

I feel the lawyer has not filed any case or submitted any documents can you please suggest what can be done in this case

Also please let me know if any action can be taken against such lawyer?

murthy sr   25 April 2022 at 12:49

if 498a is pending on acquittal.what court grant divorce

My wife file 498a 3,4 in 2017.after trail in 2019nov we got conviction with a fine of 1000rs. Later we gone for appeal . The appeal was allowed in 2020 dec. We all got aquittal.And our fine amount also we get back. After appeal time in 498a i file a divorce under 13 1 ia,ib. Now petition is in enquiry stage. After receiving divorce notice my wife went for appeal on 498a aquittal in high court using section 378(4). They got number in highcoury.Now it is in for admission stage.I have baby girl staying with my wife. My wife is a software engineer at Dell software company.Now what court will decide.court will grant divorce even 498a acquittal is in pending? From 2017 we are not together. 13 1 ia,ib are suitable sections for this divorce or not?~ kindly give me ur valuable advice.

Anonymous   20 April 2022 at 14:59

Maintenance execution

Sir,
My wife has filed 125 crpc one year back for self & daughter. It is her third application u/s 125 CRPC, earlier two applications are rejected by the court. Now the judicial magistrate ordered to pay additional Rs 2000 as interim maintenance & to pay maintenance amount granted to her under 24 HMA. I am paying as per 24 HMA.

I have applied for full / joint custody of my daughter in divorce petition which is pending for six years. High Court ordered to complete divorce proceedings preferably within next three months. It appears that District judge may not even grant joint custody. Even child visitation right did not granted to me till date without any reason, but district judge force me to bear all expenses for my daughter.

It seems courts wants to create more distance between me & my daughter.

In this condition when I cannot approach my daughter, I have stopped paying additional Rs 2000 which is ordered in 125 CRPC, for non payment of Rs 2000 warrant is issued against me.

Sir,
When I am willing want to maintain my daughter, under which act court can force me to pay maintenance for my daughter ?

Can I pray before judicial magistrate (125 execution case ) that I since want maintain my daughter, my daughter may be transferred to my custody & stop my daughter's maintenance ?

How can I stop / reject interim maintenance u/s 125 CRPC ?















Anonymous   20 April 2022 at 14:56

Maintenance execution

Sir,
My wife has filed 125 crpc one year back for self & daughter. It is her third application u/s 125 CRPC, earlier two applications are rejected by the court. Now the judicial magistrate ordered to pay additional Rs 2000 as interim maintenance & to pay maintenance amount granted to her under 24 HMA. I am paying as per 24 HMA.

I have applied for full / joint custody of my daughter in divorce petition which is pending for six years. High Court ordered to complete divorce proceedings preferably within next three months. It appears that District judge may not even grant joint custody. Even child visitation right did not granted to me till date without any reason, but district judge force me to bear all expenses for my daughter.

It seems courts wants to create more distance between me & my daughter.

In this condition when I cannot approach my daughter, I have stopped paying additional Rs 2000 which is ordered in 125 CRPC, for non payment of Rs 2000 warrant is issued against me.

Sir,
When I am willing want to maintain my daughter, under which act court can force me to pay maintenance for my daughter ?

Can I pray before judicial magistrate (125 execution case ) that I since want maintain my daughter, my daughter may be transferred to my custody & stop my daughter's maintenance ?

How can I stop / reject interim maintenance u/s 125 CRPC ?















Suraj Kumar   20 April 2022 at 11:28

125 crpc (maintenance)

Sir,
My wife file 125 CRPC for maintenance of her & my son. Matter is pending before court for grant of interim maintenance.

She married again and taken away my son to unknown address.

My in-laws complaint before police that, the person with whom their daughter is remarried, is demanding money to release my son.

Upon police investigation, she accepted that she is remarried before police & also send marriage photo to police.

I need custody of my son because my son's education is totally stopped.

Sir,
Can maintenance petition u/s 125 CRPC for both of them be dismissed ?

Could I get custody of my son by filing custody case ?

Could police arrest the person who demand money from me to release my son ?


Krishnaiah Krishnsiah   19 April 2022 at 20:10

Provision of law for dvancement petition in criminal cases .

Dear experts,
Is there any provision of law for advancement petition In criminal cases especially section 138 ni act matters as I filed in 2015 but still posing for examination though there is a ruling of the honourable supreme court the cases may DISPOSED with in 60 .
Kindly advice on this experts as the complainants facing the hardships than the accused

Anonymous   17 April 2022 at 08:00

Regarding the accident claims

I sold a car to my relative on 14/01/2022 which was remaining with me unused and I have taken a letter of having taken delivery from the buyer who is also a close relative. The car is with Tamil Nadu Registration and the buyer belongs to AP. As I was not using the car the insurance had lapsed which fact was communicated to the buyer at the time of sale and he said he will take care of it. The car met with accident in AP on 15/02/2022 hitting a bike coming on the wrong side of the road and bike rider died in the hospital and the pillion rider was injured.

The name transfer of RC book had not taken place at the time of accident and the car was without insurance.

I have been called by police thro' my relative / buyer and police is asking me to sign a letter under Sec 41 A of Cr PC but fortunately I could gain sometime with them. When I requested the police to receive my statement that I have sold the car and hold delivery letter they are saying that I will have to tell that in the court only.

I wish to know the consequences of the aforesaid bad incident. Whether I will be implicated in the Accident Claims of the deceased or my liability will end with paying penalty for not insuring the car. Kindly offer valuable opinion please.   

Anonymous   16 April 2022 at 00:17

Motor accident case and imprisonment

A person was hit by my vehicle and got multiple fractures (though it was his mistake). The injured is wealthy enough to get treated in reputed hospital and got all medical expenses covered under their medical insurance.

Now I was booked under IPC 338 after the injured's family members made a complaint in PS.

police took my signatures on 41A notice (but i didn't got a chance to read it and no one told me anything).

They called me 3 days after saying that they will give me station bail. when I reached the police station, i was arrested and produced before judge (i got bail with the help of local lawyer in court premises).

Now the injured's lawyer called me and informed that they filed a petition claiming 1.5 crore compensation from me and my insurer and i would get notice from court soon.

Being a middle class government school teacher, i am completely pressurised and feeling hopeless as two cases are on me . (criminal and civil)

what can i do here? please suggest i have a family that is depended on me?
will I be sent to jail ?
how many years these cases will take to end?
do i need to pay money in MVOP case ?

Please provide some valuable suggestions here what should i do and get out of this mess.

Sadanand bhisaji Panchal   11 April 2022 at 13:11

Where to file appeal u/s. 341 of cr. p. c.

Respected Experts,
In the year 2016 I filed Application u/s. 340 of Cr. p. c. before the Appellate Bench of Court of Small Causes Bandra which heard last 25 days and the Court passed Order saying that the said Application will be heard along with Appeal and matter adjourned for hearing of Appeal. Thus the Appellate Court refused to initiate preliminary inquiry u/s. 340 of Cr. p. c. I want to file Appeal under Section 341 of Cr. p. c.
Kindly inform me (1) Which is the Appellate Court (2) Whether to file Writ Petition before the Hon'ble Bombay High Court (3) Whether Appeal under Section 341 of Cr. p. c. lies in the Appellate Side of the Hon'ble Bombay High Court ?

Thanking You,
Sadanand B. Panchal