Anonymous
24 July 2021 at 19:21
Hello,
I am previously a witness in a criminal cases u/S 420/ 120b instituted at Magistrates Court JMFC. 6 months down the line the accused in that case having been granted Anticipatory bail by ADJ has now made up a bogus case under Section 406/420/120 which he has filed at Magistrates JMFC as a counter blast
My question:
1) Can i appear before Magistrates before Cognizance is taken so as to give my version of events?
2 ) can i appear before magistrates after cognizance is taken and without going for ABP as i am 100% innocent and can validate that.
If the answer is yes please advise what i can do
If the answer is no surely its a travesty of justice that i have to go through the ABP process spend money just to prove a bogus case at trial.
Anonymous
23 July 2021 at 18:42
What is the procedure to remove DV and 498a cases and take the complaint down , that are filed in the district court?
Arjun Arjun
23 July 2021 at 16:45
My father in law threatened to put me in jail on 1/7/21.The next day, I applied for anticipatory bail .My case is getting repeatedly posted to another date, as police has not yet provided case diary to the court. Police did not register fir. Now, my case is posted to 3/8/21.Also,the police has told me to come to police station on 29/7/21.My query is whether the police can arrest me, when my anticipatory bail application is pending in court? Kindly reply
Anonymous
23 July 2021 at 01:08
An chargesheet is filed in the court under 338 IPC for an accident case. The injured filed an petition in MACT court for compenstation .
Are the criminal case procedings for 338 are set aside and can get acquitted ?
Anonymous
21 July 2021 at 21:48
for anticipatory bail plea. judge asked the police station to file status report. what does the report contains.
Madhu Mittal
20 July 2021 at 12:10
What is the time of starting the time of of offence u/s 138 means:
"Offence under section 138 NI is completed when in spite of notice of dishonour accused fails to make payment within period of 15 days" What is the time of starting of offence u/s 138 means:
1a) whether the time when loan is taken or 1 b) when the cheque is issued/handed over or 1 c).when the cheque is presented in the bank or 1 d). When the cheque is dishonored or 1 e) when the 15 days completes after giving/receiving notice of dishonor of cheque.
Or 1 f) when any act of above five is done ,
Madhu Mittal
18 July 2021 at 13:18
Whether non signatory- active ( nowretired) partner and signatory partner liable u 138 after dissolution of firm
Mr A and B are two brothers having wife Mrs. X and Mrs. Y respectively. They have two partnership Firms.
One “A & co” having partners Mr. A and Mrs. Y. Another one is “B and co” having partner Mr. B and Mrs. X.
Both Firms took loans from a number of persons. Many of them filed cases against them also some cases u/s 138 N I Act , some for recovery of money suit under Order 37 CPC, some Regular Recovery Suits after the death of Mr. A on 30.07.2019.
Specific case:
Both Firms took loan from a lender of Rs. On lac each at different time through Cheque, and on the basis of post dated cheque of Firm signed by Mr. A for “A & co.” and by Mr B for “B & co. for each loan .
post dated cheques were dishonored in July 2021 reason being due
to stoppage of account operation due to death signatory/ partner.
Interest cheques were also given from time to time from the account of firm “A & co” signed by Mr. A from time to time after deducting TDS from interest amount till May 2019.
Interest cheques were also given from time to time from the account of firm “B & co” signed by Mr. B from time to time after deducting TDS from interest amount till May 2019.
Now Development :
Development in the case is that on 30.07.2019, Mr. A expired.
About on 28.09.2029, A paper publication is given by which Mrs. Y retired from the Partnership of “A and co” on the basis of “Partnership reconstituted Deed dated 03.07.219” in which Mrs. Y retired on 03.07.2019 and Mr. B is inducted as new partner on 03.07.2019 notarized as S. no. 500A at Norary Register.
About on 28.09.2029, another paper publication is given by which Mrs. X retired from the Partnership of “B & co” on the basis of “Partnership reconstituted Deed dated 03.07.219” in which Mrs. X retired on 03.07.2019 and Mr. A is inducted as new partner on 03.07.2019 duly notarized as S. no. 500 B at Same Norary Register.
Mr. A expired on 30.07.2019.After his death, business ‘shop is almost closed, Partners do not want to meet Lenders and actually no sufficient fund in bank account.
Now
Thus in my view above both Partnership Dissolved on 30.07.2019 (because there were only two partner before death of Mr. A , if “Partnership reconstituted Deed dated 03.07.219” taken to be true or otherwise also)
1. Now cheque given in reimbursement of loan at the time of taking loan, presented and returned unpaid, whether in “ A & co”, Mrs.Y will be held liable or not u/s 138 N I Act.
2. Now cheque given in reimbursement of loan at the time of taking loan, whether in “ A & co”, Mr. B will be held liable or not u/s 138 N I Act as debt was taken before his entering in partnership.
3. Now cheque given in reimbursement of loan at the time of taking loan, presented and returned unpaid, whether in “ B & co”, Mrs.X will be held liable or not u/s 138 N I Act.
4. As per Notary Act, every document should be numbered serial. So it appears prima facie that “Partnership reconstituted Deed dated 03.07.219” was made after death of Mr. A and to absolve two ladies of family from the clutches of law. Can it be challenged on this ground,
3(a) if Partners can not prove it “genuine” can a case under IPC be filed,or 3(b) it should be disproved by lender for getting them punished in a case under IPC.
5. Can section 420 IPC alonghwith Section 138 N I Act be added as Firms has taken loan from a lot of persons, and not paying them after the death of Mr. A on 30.07.2019, as record was got from the official sight of Court?
raju
18 July 2021 at 09:28
FIR U/s 156(3) was registered and police after investigation filed cancellation report.. Now court to proceed u/s 200 crpc. My query is that FIR will stand cancelled. Court also ordered to examine complainant and witness if any. Will summons be issued to accused.
Anonymous
16 July 2021 at 21:49
Can a legal services authority of one state grant compensation to a victim of a crime, when the crime has occurred in another State?
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Dismiss of complaint
Court dismiss complaint u/s 203 any revision or appeal can be filled.