Madhu Mittal
29 February 2024 at 18:50
Sub: At revision level, whether need to make accused parties when cognizance is not taken against Firm as well as non-signer partners of cheque when averments against all in complaint as well as notices to all, no reply by any partners
A loan of Rs. One lac was given to a Partnership Firm having three partners on the basis of Post dated cheque of Partnership Firm with the consent of all partners. When the cheque was presented for payment on its date, the said cheque is dishonored. A legal notice by Rgd post was given to Partnership Firm as well as all three partners, duly got by them but no reply from any of them. But before lodgment of complaint u/s 138, 12 posted cheques were handed over on behalf Partnership Firm signed by only one partner with the consent of all. When presented all 12 cheques were dishonored, all were dishonored. First 11 complaints were lodged and cognizance for all were taken by the same Trial Court. For 12th cheque, procedure was changed and the court which will deal, was allotted by Chief Judicial Magistrate, so this cheque was dealt by another Court. And that another court took cognizance only of the partner who signed the cheque while there were sufficient averments that at the time of First post dated cheque and at the time of taking 12 post dated cheques, all partners were incharge and responsible for working of the Firm and all are involved both time when loan is given + one post dated cheque was given and when second time 12 postdated cheques were given . Thus cognizance against Firm and remaining two partners were not taken. Aggrieved by this new court, Revision was filed in ADJ court making only Govt of Rajasthan as Respondent. Citation of Supreme Court Micromax_Informatics_Limited_vs_Meenu_Goyal_on_12_March_2021 sc (in which it is stated only averments in complainant to be seen at the time to taking cognizance, even reply given by accused was not to be seen ) and citation of Bommidi Madhu Sudhanrao vs. Kallapu Ramesh and Anr. (09.11.2010 - APHC) of Andhra Pradesh High Court (it was stated at point 3. Though notices are sent to the Respondents 1 and 2 the same are not returned unserved. However as the point involved in the present case is between the court and the Petitioner, this Court is of the view that there is no need for this Court to hear the Respondents 1 and 2.) was handed over to ADJ Court, but ADJ Court insisted that Firm as well as all partners should be made Respondents.
Now what I want to know is that when even reply of accused not to be seen at the time of taking cognizance as per above SC ruling and matter is between Court and Complainant at the time of Cognizance, How to pursue ADJ Court not to insist to make Firm and partners as respondents as there will be of no use of them whatever they say, only averments in the complain to be seen. Any citation.
Saurabh Aggarwal
29 February 2024 at 17:15
I booked a two flats under an MOU by paying partial cash and cheque with the promise that soon builder will get permission and will register a flat after permission.
1.MOU mentions total amount paid and in return of which builder will register a flat of 1600 sq ft
2.and that in case the builder is unable to launch the project or acquire land within 12 months. Builder will return the money with interest within 60 days
3.and cheque no xyz dated xyz is being issued for entire amount paid + interest.
4.Builder will maintain adequate funds to honour cheque as per due date.
Now the approvals are not in place from 2 years though the construction has begin at a very slow pace to calm the situation.
Builder has initially promised return of money and now is saying that he will re sale the booking to someone and only then can return the money. Obviously he is unable to find a buyer. Due to the long discussion validity of one has expired.One cheque is still valid.If I deposit one cheque , amount under the other cheque which has exceeded its validity might become under dispute as well and builder hasn't provided a fresh cheque but is saying on emails that he will resale the unit and refund the amount.
What can be done in this situation. Will it be consumer , criminal or civil , which one would be fastest to recover money.?
Other problem for me is that the cheque money paid was for capital gains investment. if the time period further crosses 3 years , will I have to pay penalty ?
Shankar
29 February 2024 at 09:12
I have applied for technical resignation but I have not mentioned lien in my application.
Am I eligible for lein or not?
Is it compulsory to mention technical resignation with lien?
I have completed my probation period and completed 6 years of regular service in an central govt autonomous institute
Anonymous
29 February 2024 at 08:27
Legal Procedures for Conversion of Hindu religion to Islam
Rakesh Kashinath Kamble
29 February 2024 at 07:36
Planning to take flat in project build on SRA land in Maharashtra. This land parcel is builder developed land. Would like to understand my rights in this land?
Anonymous
29 February 2024 at 05:59
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Anonymous
29 February 2024 at 01:18
In August 28, 2023 my neighbours attacked my house and physically assaulted me and abused me with obscene language under instigation from local politician.
But, Police have filed FIR (IPC 448, 506, 509) against me and on my husband, based on the complaint by the same neighbours on Dec 4, 2023 without any preliminary enquiry and without our knowledge. served the 41 A notice on 21-01-2024. This SI who is very corrupt and filed this false case on me, now, on 21-02-2023, send me a new notice under crpc 91 to produce video recordings related to the incident which is is very essential to us to prove our innocence. we dont like to submit the evidence to this SI as he may send its copies to the said politician (who is the main creator) and may use them against me (and even destroyed them - is it possible). This SI is not honest person and dangerous. shall have to submit to this crpc 91 notice without any other option? can i reject to submit the evidence? can i submit the evidence to the judicial magistrate instead of this corrupt SI? Now case is under investigation stage, charge sheet not filed. Kadiyala Simhachalam Vijaya Kumar vs Govt of AP, W.P No.28470 of 2021, (APHC) has any relevance to my condition?
Anonymous
28 February 2024 at 23:45
I am SC category candidate and in direct recruitment another OBC candidate secured less mark to me and placed below me in the Gradation list. But when only promotional vacancies in the Unreserved category arises in the Cadre the less mark secured OBC candidate was given promotion and I was denied on the plea that no promotional SC vacancy is available and the State is following POST BASED roster. Does UR is reserved for general and non-ST/SC reserved candidates? Does natural seniority has no role in post based reservation system? Does ST/SC employee have no natural seniority in service jurisprudence?
HARISH PARMAR
28 February 2024 at 23:22
AS CBI REGISTERED FIR ON 30.11.2023 AT 10.40 AND INDICATED THE INCIDENT WHICH WAS HAPPENED ON SAME DAY i.e. 30.11.2023 at 16.00 .
on that BASIS CBI arrested me , i approached HIGH COURT for quashing of FIR under section 482 ,
Experts kindly guide me
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