Whether the court can take cognizance of domestic violence committed prior to the enforcement of the DV Act? The Protection of Women from Domestic Violence Act, 2005 came into force in the year 2005. This Act came into force when several acts of domestic violence had...
Criminal Law
A company committed offence under section 138 N I Act
When a company issued a cheque and it is dishonoured by the drawee bank it is said that offence under section 138 of the negotiable instrument act, is committed by the company. But company cannot be prosecuted for the offence because it is a legal entity and no physical punishment can be imposed upon a company.
How to file a complaint under the NI Act
Sir, how to file a complaint under the Negotiable Instrument Act? I am a software engineer and working in Infosys. One of my colleagues met financial hardship so he requested me to give five lakh rupees. Therefore, I remitted three lakh rupees in his bank account. At the same time, I took a print out of that transaction record and sent it on his WhatsApp number.
After seven months he issued a cheque valued rupees three lakh. That cheque was dishonoured due to insufficient fund. I think he is not willing to pay that amount so I want to take legal action against him under the NI Act. Please guide.
Section 138 of the negotiable instrument act 1881
My friend issued a cheque for the discharge of his liability but it is dishonoured due to insufficient fund. I want to know that when it can be said that offence under section 138 has committed.
When can I file complaint in cheque bounce case
When can I file a complaint about the offence of dishonour of cheque? Dishonouring of a cheque for insufficiency of the fund in the account is generally called bounce of cheque. Section 138 of the Negotiable Instrument Act 1881 envisages bounce of cheque is an offence and also provides punishment for the offence of cheque bounce.
How to produce electronic document as evidence
I am an accused in a criminal case, and I want to produce some evidence which I stored in my laptop and pen drive. How to present that electronic evidence in the trial? What is the procedure for the production of electronic evidence?
No second FIR in same offence
No second FIR in the same offence, same incident or same occurrence. The code of criminal procedure does not allow to register more than one FIR in respect of same offence. If accused has committed more than one offences in the same transaction still there should be...
Appeal against acquittal
Section 372 of the code of criminal procedure provides that an aggrieved person can file an appeal against the judgement and order of a criminal court. Besides the state, the victim can also file an appeal against the order of acquittal, lesser sentence or inadequate compensation granted by the criminal court.
Statement taken by police
In the Police, custody police take a statement from the accused. If in the pressure of police accused writes false statement, how far it is considered valid in the Court of law.
Statement taken by the police when accused is in its custody is a protected statement and it shall not be used against the accused. According to section 26 of the Indian Evidence Act, a statement recorded by a police officer from an accused under police custody cannot be admitted against the accused. An accused is fully protected from that statement because if it is admitted against the accused then the police can make a statement or even confession from the accused either by hook or crook.
Compromise in rape case
Sir, my younger brother is involved in a rape case. He is falsely implicated in the crime. Now complainant is under consideration for compromise of the case and she is now ready to withdraw this case. I want to quash this proceeding because that lady, victim of this case, is ready and willing to withdraw it. How can I make a compromise in a rape case?