N.Damodaram Naidu
30 November 2017 at 08:37
Dear sirs,
A private complaint filed by me in a JFCM court was dismissed and the accused was acquitted. My advocate filed on behalf of me an appeal in the District Court, Chittoor of Andhra Pradesh which has got numbered and taken on file. The case is posted to 8th March 2018 for hearing.
Recently I came to know that District Courts are not competent to take appeals against acquittal. In these circumstances my request is can I file a S.L.P. in the honourable High Court when the appeal is pending before the District Court? Will the honourable High Court condone the delay in filing S.L.P.? The problem arose because of my advocate but not of me. what can I do in this matter?
N.Damodaram Naidu
23 April 2015 at 22:56
Dear sirs,
We have been facing a severe problem. Can any body help us to overcome? We will be grateful for ever.
My cousin got arranged marriage 15 years ago and now have two children aged 14 years and 12 years. He is a business man and used to travel outstations on work. Two years back we came to know that her husband has an illegal contact with an unmarried lady for the last 7 years and that lady got two sons by him. We have all evidences.
We asked him to leave that lady and to look after my cousin well. He promised us to leave that lady permanently and asked us some time to settle the matter. Since then we believed him. But recently we came to know that he is maintaining a family with her in another place. We contacted that lady through phone and asked her to leave him. We prayed her a lot not to spoil the life of my cousin and offered sufficient money for maintenance of her two children. She paid a deaf year and replied that she will not leave him. She told that she married him 7years back.
We came to know that she conceived as a result of illegal contact with him and her parents forcefully done the marriage after her conception by blackmailing filing of a police case.
Now the question is how can we cut that relation and save the life of my cousin? How can we take action against them legally if necessary?
N.Damodaram Naidu
30 September 2014 at 20:31
Dear sirs,
A Cheque is drawn by me on ICICI Bank, Tirupati and that cheque is multicity cheque payable at par at all branches of India. That cheque was misused by a person who took it from me as security for a loan and presented it for collection at Kurnool for collection. The cheque was returned unpaid on the ground of insufficient funds by the ICICI Bank, Kurnool Branch. After that a case was filed on 19/08/2014 before the JMFC of Kurnool who took cognizance and summoned me to attend. Now I heard by some others that as per the recent judgement by the hounourable supreme court, the competent court to take cognizance and to try is within the jurisdiction of cheque dishonoured. Though my cheque is dishonoured at Kurnool as it is a multicity cheque, it was drawn on Tirupati Branch where I have been maintaining my account. Is the JMFC Kurnool has jurisdiction to try my case? Please help in this regard with proper suggestions.
N.Damodaram Naidu
16 September 2014 at 21:53
Dear sirs,
I came with the old problem with new developments during the trial. A person who has been prosecuting under section 138 of N.I. for bouncing a cheque drawn for a sum of Rs.600000/-. Now the accused took the defence that he did not give this cheque to clear any debt and in fact he lost this cheque along with two other cheques two months before the date of the present alleged cheque and in support of that he produced a certificate got from the station house officer of a police station near to him by managing the S.H.O. The police officer came to the court and gave evidence that the accused gave a complainant regarding the lost of cheques and the cheque in question is one of the three cheques. He further stated that he gave him a non trace certificate. But the police officer did not enter the details in any record at the police station regarding receipt of complaint, issuance of certificate, findings of investigation and even he did not register F.I.R.
Now the question is that the certificate given by the police without making entries in concerned registers is a valid one? Is it authentic to produce before a court of law in support of evidence?
Please help me in this regard with citations of similar cases if any settled before the honourable Apex court.
N.Damodaram Naidu
25 July 2014 at 18:18
Dear all,
I borrowed a sum of Rs.300000/- from a known person on 10th March 2011. The money lender took a blank signed cheque and a blank signed promissory note. Then I have repaid in several installments Rs.568000/-. But The lender did not give me any acknowledgement of receipt of money and also did not give back the cheque and pronote of me and started harassing to pay money additionally by calculating Rs.6/- interest per month. Hence I gave a police complaint with all facts on 22/06/2014 and got receipt in proof of complaint. The police inspector took a written statement from the lender not to harass me hereafterwards on 23/06/2014.
After that the money lender handed over the cheque to another person who is unknown person to me and residing at some other far place which is 400 kms away. He filled the blank cheque for Rs.780000/- and presented for collection on 27/06/2014 and the cheque was bounced. They send a legal notice to me demanding the payment of Rs.780000/-.
Now the question is can I prove the age difference of ink between signature and other contents in the cheque and pronote through forensic examination? Can I defend my self with the ink difference on the cheque and pronote?
N.Damodaram Naidu
11 March 2014 at 18:44
Dear Sirs,
My friend gave a hand loan of Rs.500000/- to a well known person for a term of two months and in consideration of that he got a cheque from the borrower. After two months my friend approached the borrower for repayment of loan. The borrower expressed his inability to repay the money and asked my friend to present the cheque after twenty days.
After that as per request of the borrower my friend presented the cheque after twenty days through his banker for recovery of money and the cheque was returned with an endorsement 'the account was blocked'. Then my friend approached again the borrower and he did not respond to my friend. Then my friend approached a local lawyer for suggestion. The lawyer replied that as there is no evidence other than the cheque for the loan, we cannot take any action against the borrower through Sec.138 of N.I. Act and the said section of the act refers to only legally enforceable debt.
I request all to help in this matter. Is there any decision of the Apex Court in the similar cases where there is only cheque and no other documentary evidence? please give reference if any.
Thanking you all.
N.Damodaram Naidu
28 September 2013 at 21:50
Dear sirs,
I have given a guarantee to a friend for a chit along with two other persons one among them is a poor employee and another one is a rich business man and a close relative to the borrower. Now the borrower became defaulter and the chit company filed a suit for recovery for chit amount. Among the three guarantors I and another employee are unable to pay. Can the chit company claim entire the suit amount from a rich guarantor? Can two of us get exemption form that suit claim? please suggest.
N.Damodaram Naidu
27 July 2013 at 23:18
Dear all,
A friend borrowed Rs.600000/- as hand loan from me and gave a cheque to present after two months to realise that money. Later he didn't respond to me. I presented the cheque for collection and it was bounced with an endorsement 'Debit Account Blocked'. I filed a complaint against him u/s 138 of N.I.Act. the case is now being trialed. P.W.2, the bank manager gave evidence that 'the cheque does not belong to the accused and it belongs to some other person,the accused might have misused that cheque'. Now my advocate says this case does not come under the provisions of s.138 of N.I. Act and the case may be disposed without any punishment to the accused.
Hence I request to provide citations if any regarding this type cases and what are the relevant provisons in I.P.C. and other codes if any. Please suggest me what I have to do to get back my money.
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Court fee
Dear sirs,
I have filed a suit for recovery of debt in the district court by paying court stamp fee which is dismissed now. I want to file an appeal in the high court now. My request is whether I have to pay the court stamp fee again? A local lawyer told me that I have to pay the fee again and a lawyer in the forum of this website stated no need to pay again and to follow simply an appeal procedure. I need clarification in this regard. Can this be resolved with proper advice?