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Uday Kumar   15 August 2021 at 14:04

negotiable instruments act - liability of proprietor

Dear Sir,

1. A due amount is required to be paid by the Proprietor of the Company
2. Other then Proprietor has issued cheque from his personal Account and even given in writing that I shall pay the said due amount of Proprietor of the Company
3. We made Proprietor and Other Person who issue the cheque party in a Complaint.
4. Now Court say we can issue the summon to Other party who issued the cheque but not the proprietor .... Court asked us to give any judgment in this regards..

Can expert help me with suitable judgment please if case is understood clearly.

Thanks
U Kumar

Harsh desai   13 August 2021 at 22:22

Chinese loan apps

I have taken a loan from chinese loan apps from 70-100 applications from play store.

This applications are not registered with rbi nor nbfc.

They give a loan of small amount with higher interest by submitting aadhar card and pan card for 7 days or 15 days.

They take all access from our mobile like contacts,email access,gallery,location,and many more.

If we unable to pay loan amt for 1 day also

They start to give threat,they create whats app group and add our family members and friends

Also they defame us by writing chor,fraud in group. They call our relatives,friends and threat them. They are also misusing our aadhar card,pan card,driving license,voting card. So what legal safety can be taken to save from this in future. If they misuse documents then what safety we can take first so that in future if they misuse anything we will get save out of this.

Can we write nc to police.

Anonymous   11 August 2021 at 19:39

Bail

Bail is allowed in high court but while drafting bail application there was typing error in fir no.( Fir no. Is changed) Thats why while pronouncing judgement there is error in judgement also. Will there be any difficulty for bail? What should be done to correct the judgement fir no.?

Mallela Abhyudaya   11 August 2021 at 19:20

Forgery of cheque and promissory notes

Sir,my mother took money from financier in 2018 and gave 6 promissory notes for 1,53000 each to him with her own writing and signature and we have Xerox of those copies and later in the year 2021one month back he gave us two notices regarding that one notice is we gave him 5 lakhs promissory notes and as time was going to complete for the note and we gave him 5 lakh cheque to him and later it was bounced due to insufficient funds and another notice about 5 lakh promissory note and to pay it in time, here fact is we never gave him cheque and we never give him two five lakhs promissory notes also so what to do sir how to take action on him,he sent the fake promissory note to my father through what's app sir

Anonymous   11 August 2021 at 17:55

Fir

In my company cable was stolen, so i file FIR for company (In FIR my name is mention). So what happen if i left company in future. Is this make me in tribble in future? Please help me.

raju   08 August 2021 at 12:01

Certified copies

Certified copies obtained from court. My query is that can these certified copies from court can be submitted as exhibit before another court.

BHARTI KOTHARI   08 August 2021 at 11:58

Return of property

Hello sir Iapplied for return of property and then the court has allowed my application and accordingly I dispatched the order but now police is saying that subsequntly the case become session triable and therefore I have to seek order from the session court. can u advice what to do in such cases

Anonymous   02 August 2021 at 11:54

Railway parking issue

Respected,
I had illegally charged more for car parking at the railway station, so to which authority can I complain now and can I register an FIR against the person who charged more price for parking as he was abusing me at the time.

Anonymous   31 July 2021 at 22:56

Advice needed

My late father passed away intestate in 2020 leaving behind his widow ( my aged mom ) and 4 sons - 5 class 1 legal heirs
MUM
S1
S2
S3 - Me
S4

He left behind both moveable and immovable properties

Moveable Properties
In 2018, late father had created 3 FD's and had appointed 3 sons as nominees separately as detailed below:

FD 1 - nominee S1
FD 2 - nominee S4
FD 3 - Nominee S3

That just after his death youngest son ( S4 ) committed fraud and cheating by fraudulently changing the nominee ( Changing to his his name ) held at fixed deposit FD 1 after his death using the late father's registered SIM card . That a section 91 request made to THE bank revealed the full changes in nomination made after the late father's death . the fraudulent change in nominee pertains to FD 1 only.
Further more RBI in its report under the ombudsman scheme also highlighted the same

September 2020
My MUM filed a criminal case against the youngest son ( S4 ) where cognizance was taken under section 420/120 B and was granted anticipatory bail and ordered to deposit back all monies transferred to his account after the late father's death . He has complied with his ABP order and the case is under trial. S3 ( myself ) i am the witness in Criminal Case filed by by mother against S4

October 2020
S4 then files a frivolous partition suit and deliberately included all self acquired properties ( moveable and immoveable ) of the late father in addition to including all other defendants self acquired property as well - All this to give the Impression of an alleged property dispute when none existed . We have responded via our WS and the TPS is pending

Since my mother's only source of income was the interests money from the FD 's where's nomination was disputed , my mother continues to face extreme financial hardship as the banks were unable to settle the money to nominee as custodians of the legal heirs of the deceased

March 2021
MUM applied for a succession certificate currently pending as money is urgently needed for survival

July 2021
S4 now filed a criminal complaint at Magistrates under Section 420/120b/406 against S3 ( me) saying i have committed fraud by transferring FD 3 to my name.
That i am the custodian till the succession matter is resolved. And that in the succession case i have already submitted my WS for a Joint certificate and 1/5th share of all debt securities.

That this criminal case is nothing but a counter blast case and a harassment at that
it has only recently been filed at ACJM and is awaiting allocation to JMFC. Thereafter i understand a magistrate may or may not take cognizance. Now if they are stupid enough and take cognizance even though it is well settled in law that NOMINEE is a custodian and not owner. How can i prevent cognizance from being taken in a frivolous case.
My question:

Can i approach the JMFC pre cognizance?
If the Magistrates stupidly take cognizance u/S 406/420 without understanding the above point, can i appear in person without fearing the risk of custody or do i have to apply for Anticipatory bail ?
Or should i write to ACJM now?
Or should i put a response directly to JMFC who is allocated the case pre cognizance? Will he/she read response from accused before cognizance is taken ?

What can i do in this case ?

Chethan   31 July 2021 at 07:44

Need you suggestion to fight myself on my case

Hi am a middle class person where is my take home salary is 17k, my mobile(New phone which i was took in EMI) was theft by thief 4 months back, i reported to police station regarding this and they didn't take FIR instead they told to register on elost(but my mobile was theft not lost) i registered in elost after that also they denied to take FIR, so i written mail to commissioner office regarding this so i got FIR after 10 days by meeting every 2 star 1 star inspectors for every one told i need FIR, now i got a letter after 4 months telling that we are closing the case, i went to ACMM court, to inform magister to tell that they have threaten me telling all the details, but magistrate informed me appoint one lawyer against this investigation, but magistrate didnt ask single que to police why you peoples did like this instead he told me to meet the lawyer, as i told am not in the position to appoint a lawyer in this case due to financial issue, i have all the proofs(Complaint letter(in complaint letter i have mentioned about thief and my mobile location but they took complaint as they need), elost copy, mail copy written to commissioner, FIR copy(after FIR they have not done place visit also), my mobile location snaps which is located for 4 days after theft everything, i informed magistrate telling all this points they have not done any investigation, but when i visit police station i didnt get justice and now when i meet magistrate also i didnt get justice giving al this inputs, i felt so many times to give up when travelling daily to police station and went to court twice but still am trying to get justice, my mobile cost is may be small for others but its very big loss for me and i paid all the EMI also after losing my mobile, i request to help me in this case to get my mobile as well and am fighting for justice.

from my side as a solution, i have written mail to all the mobile companies to introduce new technology where without user authentication mobile cannot be turn OFF so until mobile battery dies we can trace it so it will help to locate and identify i written this mail thinking others should not face like this problems