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Lawrence William (Service)     24 November 2009

Urgent advise needed

Dear Experts:

Mr X is facing a 467 charges and has applied for A/B. He worked in a Publication Group as an advetisement Manager. The charges are that ...Mr X  has mis appropriated credit notes issued by the publication, and not given  the same to the  advertisement agency.

  • How can Mr X mis appropriate the Cr. Notes?
  • what is the fraud in the so called act.?
     
  • How should we convince the court that a Cr note is simply a document, and not a negotiable instrument which cannot be misused by a third person?


Learning

 8 Replies

A V Vishal (Advocate)     24 November 2009

Credit Note proves that a credit entry has been made to a debtor's or creditor's account. A customer or supplier can be credited for variety of reasons such as sales return, wrong quantity or quality of product, rate difference, discount, commission, etc.
When goods are returned by the customer, a Credit Note is made out of his name.

Only on perusal of the complete facts pleaded by the complainant the grounds on which the complaint is filed, advise is not possible in the case.

Jatin Sapra (Lawyer)     24 November 2009

hi

 

Jatin Sapra 9312223345,Delhi (Advocate)     24 November 2009

Hello,

467 can be made out if the accused had forged the so called credit notes in his own favour and further got it credited to his own name /account.

And further well advised by Mr. Vishal.

Vineet Sapra (Advocate)     24 November 2009

No Proper advice can be given without having full details...

Anil Agrawal (Retired)     24 November 2009

 Publication group is a firm or a company and can't issue credit note in favour of an employee of another firm/company. Unless it is a case of fraud, the query is out of place.

kajal (house wife)     25 April 2010

 my husband is advocate working with mulla and mulla and also practicing at mumbai high court.my marriage date is 9thjuly 2008.my daughters birth 31st july 2009.from 19th aug 2009 i had to leave his house bcoz of his family's harrasment,torcher,since after marriage and removed me from his house .i am totally depending on my parents for basic needs .when i called him up he rufused from accepting me and my baby and from sending maintainance he has removed me from his house and he noted a nc at police station that i left my daughter and home he did not remove me.so which case should i file.is section 498 applicable.and how much maintainance can me n my baby get per month.plz give me some details about section 498 n domestic violence.will i have to prove his income for maintainance.and which case is applicable for my mother-in-law n sister-in-law as they are the root for my harassment. 

Ayush (Advocate)     29 April 2010

The case of Section 498A is made out because your in laws were subjecting you to cruelty at the time when you were living with them. The information given by your husband to police station is not of any importance because it is yet to be proved that why you have left the house. The only reason for you to leave your house is the cruelty by the in laws and you have to stick to that. The question of maintenance amount shall be considered by the court depending upon the monthly income of your husband. yes you have to prove the maximum income of your husband per month. A case under the Protection of Woman from Domestic Violence Act is also made out. You can file a petition under the provisions of this section. kindly consult any nearest advocate for the intiation of proceedings under the above said sections and law. Your mother in law and sister in law both will have the same obligation because section 498A is not only applicable to curelty by husband but also cruelty by relatives of husband. The same is applicable in case of domestic violence act. All the persons will be tried together.
 

Anil Agrawal (Retired)     29 April 2010

We can't prejudge the issue. It is a one sided version of 498A and DV Act. Leaving the matrimonial house does not presuppose 498A and DV Act. We don't know the true facts. There can be far too many reasons for leaving the home. We all sympathize with the woman's version without knowing the full facts. Things don't happen out of the blue moon. The gentleman accused has not given his version nor will it be available in the LCI. Therefore, we can't condemn him. Let us remember that the above provisions of law are blatantly misused.


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