LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Madhu Mittal   09 June 2022 at 18:35

Giving back banker cheque to accused

A loan was given on the basis of a post dated cheque of Rs. 100000/-, when that post dated cheque was presented in December 2020, cheque was dishonored , notice u/s 138 was issued duly served as per postal track report, and a case u/s 138 was lodged, cognizance taken, Summon was issued and served on the accused by Regd post as per postal track report, thereafter Accused was called by Bailable Warrant which were duly executed. after execution of bailable warrant, on first hearing on 22.04.2022, A banker cheque equal to face value of amount of dishonored cheque was given in the court and accused put the condition of withdrawal of case. Complainant told accused to give interest @ 18% p.a. from the date of dishonor of cheque i.e. 15.12.2020 to 22.04.2022 + prosecution cost. On this accused refused to give more than face value of cheque. Now the hon’ble trial court gave the banker cheque back to accused without taking it on record.
So please let me know whether
1.Is it correct on the part of hon’ble trial court to give it back to accused without taking it record?
2. What should have been done by the complainant on 22.04.2022 ?
3. . What should the complainant do now ?
3. Can an application u/s 216 crpc for adding the offence u/s 422 IPC be made now ?
Any other guidelines , if possible citation also.

Anonymous   08 June 2022 at 13:57

Complain in two police station

Can I make same complaint in two police station ? Police Station where First complaint made did not investigate propey.

Hence, can I make same complaint in another police station ?

YJ   08 June 2022 at 12:30

Company with 200 employees not a member of epfo

Hello Experts, I joined a company that is operating since 7 years with over 200 employees. Compnay is not deducting any PF and not a member of EPFO organization. Now the company is purchased by new foriegn company and new company is trying to provide PF facility to all employees. Considering, Indian legal entity operating with 200 employees not a member of EPFO since 7 years what will be implications? Any legal issues because company is not eligible for exemption considering salary and no of employees? Please suggest.

Read more at: https://www.lawyersclubindia.com/forum/company-not-member-of-epfo-224482.asp

Roy k.george   08 June 2022 at 10:18

Land acqisition

send an query on 29-5-2022. asking advice. no reply yet
Roy

swethareddy   08 June 2022 at 08:35

Partition suit

Hi , the lands we inherited came from our grand grandfather. Now in our father's name. Our father has two daughters and a son . But my brother is arguing that I want all the property to him . I decided to file a partition suit in court for my share. Now if I file a suit will the three of us get an equal share? Should our sister also file a separate partition suit for her share? Will she get her share if she does not file a partition suit ? Please guide . Thanks in advance

Anonymous   07 June 2022 at 22:55

498a and bigamy

I have lodge a complaint in P.S. against my husband for remaining another women four years after saperation.
Police register 494, 406, 498 case against my husband.
My husband file divorce case & he got divorce.Now he want to quash charge sheet. Can high court quash charge sheet ?

I wa

RAHUL Singh   07 June 2022 at 21:22

Lost stamp duty receipt

Hi, i had taken home loan in 2017 from Indiabulls for flat in housing society in Mumbai. Since they were charging really High interest inspite of request they dint reduce so I chose to do Balance Transfer (BT) to Punjab National Bank recently. After necessary formalities, PNB issued foreclosure cheque to indiabulls...and few days the original documents were made available which was checked & collected by PNB person. However after 1 week i now got mail that following documents missing /needed.

1) ( Builder to first party ) Needed Original Lodgement Receipt with regard to aforesaid agreement of Registered Agreement for Sale dated 18.04.1991 (P-5692-1991)

2) (first party to second party ) needed Original Stamp Duty Receipt of the aforesaid agreement of Registered Agreement for Sale dated 23.04.2002 (BDR-4-2632-2002)

So i went back to indiabulls and they said all documents as per LOD ( List of documents) were handed to you/ PNB and you had checked surely. So there is nothing left with them. So now old advise what should I do?

Anonymous   07 June 2022 at 16:30

what happens after mediation report sent to court?

In my case of mutual consent (where all terms and conditions are accepted by both parties), judge ordered to go for mediation. We both jointly went for mediation and told not willing to re-consider our decision to separate. (Both parties do NOT have any disagreement on terms and conditions of the agreement for mutual consent petition). The report has been sent to court also as "mediation failed-no agreement can be reached". I would like to know what happens next steps? We do not want to prolong the process as we both have mutually decided to part ways and there is no contention arising. (child custody does not arise as we have no children out of wedlock).

meenakshi S   07 June 2022 at 13:35

Property transfer right

Property purchased on wife name with husband money and husband is died now..
will she transfer property only to one son among three sons ??

Suganthi Subaramaniam   07 June 2022 at 10:52

Civil appeal maximum time limit - supreme court of india

Expert Sirs,
I lost partition Suit First Appeal (AS) in the Madras High Court in December 2021 . How many days has given (maximum) grace period to file Second Appeal in the Supreme Court of India.



Kindly advice me Sir,
Suganthi

Thank you