Magistrate cancelled my complaint under section 138 NI Act saying premature. I presented the cheque in the bank and that cheque was dishonoured. When I came to know from the bank that the drawer has insufficient money in his bank account the cheque has been bounced. Then I contacted an advocate who prepared the demand notice. That demand notice was delivered to the accused on 10.12.2023. On 25.12.2023 my advocate filed the complaint under Section 138 of the negotiable instrument act. When the court has issued the summon to the accused he approached the court and said that he is willing to pay the cheque amount but without giving sufficient time the complaint was filed. Thereupon the court has dismissed the complaint. The court wrote in the order that complaint has been before date. My advocate says that the complaint is within the time. The magistrate has wrongly cancelled my complaint under Section 138 NI Act saying premature to the offence. I want to take action against the Magistrate. He has no knowledge of law.
Asked from: Andhra Pradesh
It appears from the facts of your case that the complaint was premature. You filed the complaint before the expiry of fifteen days from the date the accused received the demand notice. The day the notice was sent is excluded.
According to Section 138(c) of the Negotiable Instruments Act, an offence is considered to have been committed only if the drawer of the cheque fails to pay the amount within fifteen days of receiving the notice.
If fifteen days have not passed since the receipt of the demand notice, the court has no power to take cognizance of the offence. Such a complaint is considered non est and has no legal effect. The cause of action arises on the sixteenth day from the date of receipt of the notice.
As per Section 142 of the Negotiable Instruments Act, the court cannot take cognizance of the offence until the cause of action has arisen. This principle was established by the Supreme Court in Yogendra Pratap Singh vs. Savitri Pandey (2014) 10 SCC 713.
You still have the option to file a fresh complaint within one month from the date of the court’s decision. The limitation period starts from the day the Magistrate passed the order in your case, by which your cheque was cancelled.
Related advice in cheque bouce cases:
Admit card cancelled due to ineligibility for the post. I submitted the application form on 12.05.2024 for the post of pharmacist. The result of final examination of B. Pharma was declared on 19.05.2024. I qualified that examination and appeared in the preliminary examination which was held in the month of December 2024. When I submitted mains examination form and preparing for that examination my admit card for mains was cancelled. Authority says that on the last date of filling of examination form I was not qualified B. Pharma examination. Examination was conducted in February 2024 and result was declared on 19.05.2024 so that I possessed bachelor decree when the pre-examination was held. In the advertisement no cut of date was mentioned. The examination authority has wrongly cancelled my admit card because I possess essential qualification. In this situation what should I do? I want to move high court for direction to issue admit card. My opportunity has been cancelled by the authority.
Asked from: Maharashtra
You did not have the required qualification on the last date for submitting the examination form. If the advertisement did not mention a specific date for obtaining the qualification, then the last date for submitting the form is considered the cut-off date. This rule has been confirmed by the Supreme Court in Uttar Pradesh Public Service Commission vs. Alpana (1994) 2 SCC 723, and State of Gujarat vs. Arvind Kumar Tiwari (2012) 9 SCC 545.
Therefore, the law is clear regarding the date by which candidates must have the required qualification. You received your B. Pharma degree on 19.05.2024, but the last date to submit the examination form was 12.05.2024. You wrongly stated in the form that you already had the degree. This amounts to fraud because you knowingly gave false information.
Given these facts, if you go to the High Court under Article 226 to request a writ of mandamus, your case will be dismissed. This is because you obtained the required qualification after the submission of examination form. The decision made by the examination authority is correct. The mistake was yours, as you misrepresented yourself as a degree holder when you were not qualified at the time of application. Admit card cancelled due to ineligibility for the post is proper.
Related: Terminated from service for mere misconduct
Magistrate denied hearing accused at the stage of issue summon when the matter has already been under cognisance of the court. In this situation my advocate moved a revision before the sessions court. But that revision is not accepted by the court. The case is filed on the false and frivolous facts. Complainant has manipulated that facts. He wants to take revenge from me by dragging me in a false case because I am planning to settle in London. If that criminal case remains pending, then I cannot get visa and go London. Please advise how to handle this issue.
Asked from: Andhra Pradesh
If you have prima facie evidence demonstrating that the complaint case against you is false and frivolous, you must wait until legal process (summon or warrant) is issued against you. Until then, as the accused, you have no right to appear in the proceedings.
You did not specify when the complaint was filed. If it was filed after July 1, 2024, the court was legally obligated under Section 223 of the BNSS to issue a notice to you (the proposed accused) at the cognizance stage, allowing you an opportunity to defend yourself before proceedings commenced. Section 223 provides that:
Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard.
If the magistrate failed to issue you a notice at the cognizance stage, you may file a petition in the High Court under Section 528 of the BNSS seeking quashing of the entire proceedings. If the allegations are bald and vague the court may quash the proceedings. This provision mandates that the accused must be heard before cognizance is taken. Violation of this requirement renders the proceedings invalid, and the High Court can quash the case, directing a de novo (fresh) proceeding.
In the new proceeding, you will have the opportunity to present evidence proving the complaint is based on false and frivolous allegations. If the court finds merit in your arguments, it may dismiss the complaint.
However, if the complaint was filed before July 1, 2024, you can approach the High Court under Section 528 BNSS only after the process (summon/warrant) is issued. Until then, you have no right to intervene in the matter.
Related: Can I seek quashing of FIR on expiry of limitation period?
Wife calling me impotent in front of the family members and also in front of her relatives. She openly talks about my impotency and my sexual behavior to her parents. It is very disgusting for me because I am not impotent. After ten years of marriage we are striving for a child. My wife has several medial problems in beget child, even after several medical treatments she unable to conceive. I have spent huge money on her treatment whereas in that process some tests and treatment was also given to me by the doctors. In that case, my wife with the intention to conceal her medical impotency she vigorously claiming me impotent. This is the only reason to which my wife calling me impotent. When I went to the marriage ceremony of her younger sister, she started the topic about my impotency. Because of which there was intense hard talk and ruckus was created. In this situation whether divorce is possible? I want divorce on the ground of cruelty.
Asked from: Madhya Pradesh
The primary allegation in your case is that your wife has repeatedly humiliated you by calling you impotent. However, you are medically proven to be potent, and it is due to a medical deficiency on your wife's part that she has not been able to conceive a child. Discussing your sexual behavior with her parents also constitutes an act of humiliation by your wife, and this fact cannot be ignored. More importantly, such allegations have been made by your wife repeatedly and without justification.
To evaluate the truth of these allegations, any reasonable person would question how such an accusation could arise solely from the failure to conceive, especially when the husband is making every effort to provide the best possible medical treatment for his wife. When the husband is actively seeking medical solutions and the wife is unable to conceive due to her own medical or physical issues, such circumstances cannot be grounds for making derogatory and unfounded allegations.
In the case of Dr. N.G. Dastane v. Mrs. S. Dastane, (1975) 2 SCC 326, the Hon'ble Supreme Court explained that while determining whether misconduct amounts to cruelty, the applicable test is not what a reasonable person might consider cruel, but rather how the aggrieved spouse perceives the conduct in the context of the litigation.
If the wife discusses or reveals private or sexual details about her husband to her parents with the intent to humiliate him, such behavior is indeed distasteful and qualifies as cruelty. In Samar Ghosh v. Jaya Ghosh (2007) 5 SCC 511, the Supreme Court held that mental cruelty is a state of mind. A prolonged feeling of deep anguish, disappointment, and frustration caused by the conduct of one spouse may amount to mental cruelty suffered by the other.
Making vague and insincere statements—especially about the private affairs of a spouse—is intolerable, particularly when the wife discusses the husband's sexual behavior in front of relatives and parents. Such acts clearly constitute mental cruelty and serve as valid grounds for divorce under Section 13(1)(ia) of the Hindu Marriage Act.
Also read:
Whether uncompromising conduct of wife is cruelty against husband? My wife is not ready to compromise with the traditions of our family. I am a government servant in class I category. My wife is a non-working lady. She does not like my family members and always pressurising me to live separate even in the same city. My father is retired CMO and doing medical practice in Kanpur. He built large house in the city. I am posting in the Arunachal Pradesh. Due to adverse conditions in present place of posting I am not able to live with my wife. The medical facility is not good here and my three months child will face problem I we'll live here. So, I decided to live with my parents in Kanpur.
But due to pressure from my wife I took a rental flat. She always threatens me to face dire consequences if refuse to follow my instructions. She used to go her parental home and return back after much persuasion. Several false litigations have been filed against my parents under Domestic Violence, cruelty, beating, humiliation, mental, verbal abuses and demand of dowry. Her parents entice her to do such things. She never does any household chores. I have employed four made and servant. Due to her pressure and uncompromising conduct of wife I keep no relations with my parents. I have fed-up and do not want to live with her. In this situation can i file a divorce case against her?
Asked from: Uttar Pradesh
Your wife has consistently refused to compromise with your family members or adjust to living in their household. She compelled you to live separately, even in a rented accommodation within the same city. This forced separation from your parents—especially when they are elderly and in need of your support—constitutes mental cruelty. It is the fundamental duty of a son to care for his aging parents.
In the case of Narendra v. K. Meena, (2016) 9 SCC 455, the Supreme Court observed that compelling a son to separate from his family amounts to cruelty. The Court emphasized that, for a Hindu son in India, it is neither common practice nor culturally desirable to live separately from his family after marriage. A son bears both moral and legal responsibilities to support his parents in their old age.
Similarly, in Savitri Pandey v. Prem Chandra Pandey, (2002) 2 SCC 73, the Supreme Court held that cruelty must be distinguished from the normal wear and tear of marital life. It cannot be assessed solely based on an individual spouse’s sensitivity, but must be evaluated in the context of a pattern of behavior that would generally be considered intolerable or detrimental for a spouse to endure.
In your case, you were compelled to live apart from your parents, who were later falsely implicated in criminal proceedings initiated by your wife. This clearly indicates a deliberate attempt on her part to isolate you from your family. Furthermore, she frequently chose to stay with her own parents, abandoning her matrimonial home. Such repeated separations can cause a sense of insecurity and indicate a lack of willingness to uphold the marital relationship.
The facts of your case clearly show that marital discord began soon after the wedding. Your wife had no intention of living in a joint family and often returned to her parental home. Despite your efforts—such as arranging separate accommodation to make her more comfortable—she preferred to stay with her parents, neglecting her matrimonial duties.
Under these circumstances, an act of mental cruelty has clearly been established. On this ground alone, the court may grant a decree of divorce. If there is no possibility of reconciliation or mediation, and the dissolution of the marital bond is the only viable solution, you may proceed to file for divorce under Section 13(1)(ia) of the Hindu Marriage Act.
Related: Wife calling me impotent in front of the family members
Husband file divorce case on the ground of mental cruelty, abusing and beating by stick. In the said case he has made several false allegations against me. He said that I used to abuse him in front of housekeeper, whenever he wanted to meet his parents, I prohibit him etc. The housekeeper is employee in his shop. He will give statement in his favour. My husband has extra marital affair with his client. When that matter was unveiled the elders from our family intervened and settled that dispute. After that he has been trying to kick me out from his life. He used to come home late night and not establishing any physical relationship. I have been tortured by my husband for long time. We have three children, all are teenagers. In this situation I cannot live separate from my husband. Please suggest what to do.
Asked from: Uttar Pradesh
From the facts of your case, it appears that the allegations made are vague and generalized. You have three school-going children, which clearly indicates that your marital life has been considerably long. During such an extended period of cohabitation, your husband has failed to present any specific allegations of physical or mental cruelty. This in itself suggests that the accusations are false and frivolous.
In Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511, the Supreme Court outlined several instances of what may constitute mental cruelty. The Court observed that mental cruelty is essentially a state of mind. A feeling of deep anguish, disappointment, and frustration caused by the conduct of one spouse over a prolonged period may amount to mental cruelty.
When evaluating the entirety of the matrimonial relationship, if there is acute mental pain, agony, and suffering to such an extent that it becomes impossible for the spouses to live together, it may fall under the definition of mental cruelty. However, the Court also emphasized that mere trivial irritations, minor quarrels, and the normal wear and tear of married life are not sufficient grounds for divorce on this basis.
Given this legal framework, it is unlikely that a divorce decree would be granted solely on the ground of mental cruelty in your case. General disagreements and challenges in marriage do not amount to mental cruelty. Moreover, the absence of any specific allegations of physical abuse further weakens your husband's case. Based on the current facts, it would be extremely difficult for him to obtain a divorce decree.
In the present circumstances, it is advisable that you file a complaint under the Domestic Violence Act. You are entitled to seek financial assistance from your husband. Through such a complaint, you may receive a monthly allowance and obtain legal protection from any further physical or mental abuse.
Wife committed suicide when I was abroad from last one year. My wife has an extra marital relation with her school time boyfriend. He used to come to our home and he was introduced as her cousin. No inquiry was made towards the reality of that relationship. That person used to stay at our home. He was very sincere and never acted in a matter which may cause some doubt about the relationship. No one in my family ever suspected about their relationship. When I joined my job at the merchant ship, my wife became very eager to pronounce talaq. I was shocked to hear her demand. but kept silent and tried to settle the matter with mutual consent.
After some time, that man also called me several times and requested to end the marital relationship. He shared several intimate photographs and videos. But those seem morphed, in the month of August my wife committed suicide in my house. No suicide note has been recovered from the room. After a week that person also committed suicide. Now the police have registered an FIR under Section 80/108/61(2) BNS. What to do in this situation?
Asked from: Uttar Pradesh
You have sufficient evidence to prove that the deceased had an extramarital relationship with a person who also committed suicide after her. You have evidence to establish that your wife was demanding a divorce to marry her paramour. Her paramour used to visit and stay at your home under the pretext of being her cousin.
There was no demand for dowry, nor were any threats or acts of cruelty committed by you or any of your family members concerning dowry. Additionally, there was no immediate provocation or inducement from your side that led to her suicide. The motive behind the suicide is clear: your wife and that person were in a love affair and had planned to marry. This plan was revealed when your wife demanded talaq.
You have been living abroad for more than a year, and no suicide note was found at the place of occurrence. All these facts prima facie establish that the suicide was neither abetted nor a dowry-related death. Therefore, no offence under Sections 80 and 108 BNS is made out against you.
Your wife committed suicide while you were living abroad. In this situation, you should file a petition in the High Court under Section 528 of the BNSS for quashing the FIR. There are sufficient grounds for quashing the FIR because the allegations are vague, and the essential ingredients of the offense are missing, as established in Bhajan Lal's case. If the FIR is not quashed, the High Court may still grant you protection from arrest. For more legal help please visit Kanoon India.
Related: Dowry death does not made out if the death is natural
Bank refused to obey the order of Lok Adalat which was passed upon the compromise. There was a dispute regarding the payment of credit card outstanding. The matter was resolved and I deposited the amount fixed by the bank after deliberation. Then the court has forwarded our case to the Mega Lok Adalat. After passing of the award the bank has sent a notice to me for readjustment of the outstanding amount. When I refused to pay that additional amount the bank lodged a FIR against me by stating that I had concealed that amount of loan to the bank.
Asked from: Uttar Pradesh
Once the loan has been closed and the award has been passed by the Lok Adalat with the consent of both parties, any criminal proceedings initiated by the bank become non-est. There is no justification for initiating criminal proceedings against you after the final settlement of the dispute.
As per Section 21 of the Legal Services Authorities Act, 1987, the award of Lok Adalat is treated as a decree. In K. N. Govindakutti (2012) 2 SCC 51, the Supreme Court held that every award of Lok Adalat is deemed to be a decree of a civil court and is, therefore, executable by the civil court.
You should file an execution petition in the civil court to enforce the award of Lok Adalat. If the bank has any objections to the award, it may raise them in the execution proceedings. After filing the execution petition, you should also file a writ petition in the High Court to quash the FIR.
Once both parties have amicably settled their dispute, no further proceedings can be initiated on the same cause of action. This is purely a civil dispute, and hence, no criminal proceedings can be instituted against the parties involved. The High Court shall quash the FIR on the above basis.
Bride is mentally challenged and this fact was not disclosed to us prior to the marriage. The marriage of my younger brother, which took place on 20th February 2025. After the vidai ceremony on 21st February 2025, the bride arrived at our residence in the evening. During her stay with us for two days (from the evening of 21st February to the afternoon of 23rd February), we observed certain unusual and concerning behaviours in the bride. She exhibited inappropriate actions such as scratching walls, laughing without reason, singing aarti randomly, remaining awake throughout the night, and displaying adamant and irregular behaviour.
Upon inquiry, the bride admitted that she had undergone medical treatment for such behaviour in Kanpur and Gwalior previously. Concerned about her condition, we informed her parents on 23rd February 2025 evening, and they arrived the same day to take her back to their home. However, their calm demeanor and lack of surprise indicated that they might have been aware of her condition beforehand.
Subsequent inquiries revealed that the bride has been mentally challenged and undergoing medical treatment for the past 4-5 years (clearly not sure), a fact that was not disclosed to us prior to the marriage. It has come to our attention that the deterioration in the bride's condition may have been triggered by discontinuation of her medication from 20th February 2025 due to the marriage ceremonies.
Since the bride returned to her parental home, her family has not initiated any discussions with us. We suspect that they are waiting for her health to improve before bringing her back, possibly to present her as completely recovered. Given the circumstances, we seek your advice on the appropriate course of action from the groom's side. The non-disclosure of such critical information before marriage has placed us in a difficult situation, and we wish to understand our legal and social options. Thank you for your proper suggestion and your legal opinion.
Asked from: Uttar Pradesh
Based on the facts of your case, it appears that the bride is of unsound mind. The mental condition of a bride is considered a material fact in relation to marriage. As per Section 5(ii) of the Hindu Marriage Act (HMA), both the bride and the bridegroom must be of sound mind at the time of marriage; otherwise, the marriage is voidable under Section 12 of the HMA.
Her parents did not disclose her mental illness at the time of marriage. The concealment of this fact constitutes fraud, making the marriage voidable under Section 12 of the HMA.
If a marriage is voidable, the aggrieved party may file a suit under Section 12 of the HMA within one year from the date they became aware of the fact of unsoundness of mind or the fraud. Therefore, you should promptly file a suit for the annulment of the marriage. If the consent has been obtain under duress or by playing fraud the aggrieved party can seek declaration of marriage null and void. For more legal help please visit Kanoon India.
My neighbor has constructed a 6 to 7-foot compound wall between our properties, approximately 7 feet from my back door. I am concerned about the legality of this construction, particularly given the absence of supporting columns. I would like to understand the applicable building codes and regulations before determining my next steps.
Asked from: Gujarat
Prima facie, it appears that constructing a wall without proper columns and support poses a serious danger to your house. The erection of such a high wall without adequate structural reinforcement could collapse at any time, causing severe damage not only to your property but also posing a risk to life. Therefore, you should take prompt action against this illegal construction, as it endangers both your property and personal safety.
You should lodge a complaint before the District Magistrate under Section 152 of the Bhartiya Nagarik Suraksha Sanhita, 2023, requesting an immediate halt to the construction or its demolition. Additionally, you should file a civil suit seeking a permanent injunction to prevent your neighbor from continuing such unlawful construction. Furthermore, you may seek an order to prohibit any construction near your door that obstructs air and light, thereby protecting your property rights.
Related:
