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.
Criminal Law
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?
Sending offensive messages
My wife has been downloading my photos from social networking websites and sending them to my brother in law with vulgar comments. She has unnecessarily started posting false statements claiming to be made by me as well. The communication I have had with her is only for 10 days after my marriage as she left to her mother’s house after that. We have not had any conversation as such in these 10 days because I had to report back to work.
Please tell me what to do? She has been accessing my social database and downloading my photos. I do not want to become a victim of false statements. I want to take legal action against her for accessing my social network, provoking my in-laws against me and creating problems in my married life. She has also made extremely disgusting and rude statements about me and my husband not having a child yet and has called my husband and me bad words (like buffalo and other animal names) in her WhatsApp messages to my brother in law. My brother in law has not responded to her messages. Please advise me about the best legal option.
Tender of pardon under section 306 crpc
My younger brother is prosecuted for the offence of robbery by Banglore police. The offence is committed by his friends and he was bounded by his friends to take participation in the commencement of offence. At the stage of the investigation, police offered him to convert in government witness. He accepted that offer and file application before the trial court. But unfortunately, his application has been rejected by the court. Is there any legal provision to file an appeal?
Case registered under section 200 crpc
Our company has three directors. My wife was also a director for sometimes but she resigned from that post, and her resignation accepted in general meeting. One of our shareholder (complainant) has a company in Jharkhand, and he is also a supplier of some goods from our company.
He supplied some goods and made payment through cheque. Total of 238 cheques has issued in the last four years. Thirty cheques were bounced by the bank on the ground to stop cheque payment. My wife issued all those cheques. After her resignation, I stopped them. Therefore, cheques became bounced.
He has some disputed with our company, and for setting his score, he filed this complaint under section 200 crpc for cheque bounce case. He knew that my wife had resigned from that post. I want to challenge this complaint.
Accused husband collecting false evidence in murder case
मेरे बहन का पति झूठे साक्ष्य एकत्र कर रहा है जिससे की वो अपने आप को हत्या के मुक़दमे में बचा सके। उसने दिनाँक १८ मार्च २०१४ को अपने पत्नी की हत्या कर दी। उसका अपने मित्र की पत्नी से अबैध सम्बन्ध था। वो उसपर काफी पैसा लूटता था। उसको अपने घर में भी रखता था। उसका दोस्त भी सेना में सिपाही था और वो दुसरे जगह तैनात था।वो मेरी बहन तो अपने घर पर छोड़ देता था और कभी भी साथ रखने को तैयार नहीं था। मेरे बहन के स्वसुर को ये बात पता चला तो वो मेरे बहन को अनपे साथ लेकर बेटे के पास गए। उसे काफी डाँटा – समझाया, काफी दबाव बनाने पर वो मेरे बहार को साथ रखने को तैयार हो गया।
किन उसके ४ महीने बाद १८ तारीख की रात को मार डाला। मेरे पिता ने FIR लिखाया। मुक़दमे की पैरवी में वो कुछ झूठे सबूत ले आया है , की उस रात वो मिलिट्री अस्पताल में भर्ती था, उसका इलाज चल रहा था आदि। वो सेना में है तो हो सकता है की वो और भी सबूत ले आये और बच जाये। ऐसे में क्या मुझे न्याय मिलेगा ?
Father in law filed false case of dowry death
My marriage was solemnised in the year 2010 at Patna, Bihar. My father in law and his family known to us for a long time. He filed a false case of dowry death against all the member of our family. In the year 2014 December my wife met an accident and it was hospitalised for treatment. She received many minor injuries but she got well but after 23 days from the date of discharged from hospital he felt high fever and backache due to this ailment I again hospitalised her in a reputed hospital.
Due to high fever and internal bleeding, she died in hospital during treatment. I have all the records like doctor’s prescription, discharge slip, postmortem report etc. My father in law and his family members were also present in the funeral. They raised no issue regarding her death but they were very co-operative in all the funeral and other rites. But after 2 months of her death, they filed a false case of dowry death and cruelty under section 304 B, 498 A at Patna, XXXX Police station. The investigation is completed and the trial is yet to begin in a few months. I am innocent and have sufficient evidence to prove it, my advocate told that FIR may be quashed by the High court if any application is a file under section 482. Please help.
Revision application against dismissal of complaint
Mr X presented a complaint against me for the commencement of offence punishable under section 467/468/504/506 IPC, which is rejected by the court of the magistrate. Now Mr X submitted a revision application against such rejection. I want to appear in that revision application. Is there any law in this regard?
False case of criminal breach of trust under section 406 IPC
One of the partners of our firm has filed a false case under section 406/420 IPC. I, as a director of the firm taken some loan about 35 lakh @ 15% interest. Later on, my partner demanded to repay it out of the firm’s income. The dispute has arisen between us and finally, he filed a false case against me.
This loan was taken for the business of the firm and brought it into the firm’s assets. What is a remedy for me against this false case?
Government initiates recovery from pension
A Punjab Govt employee was guilty of embezzlement of govt money in departmental inquiry and punished with the recovery of pecuniary loss caused to the govt. to the extent of 20 % (cut in pension ) for 5 years was being made from her pension. Now She was dead.
Now the issue was whether this govt.money can be recovered from her own pension and family pension also. If the family pension is claimed by legal heirs Can pecuniary loss cause to Government be recovered from Legal Heirs?
Government filed criminal case after 13 years of my retirement
The Bihar Government has filed criminal case after 13 years of my retirement. Government has filed a criminal case against me under section 420/467/468/471/409/201/120-B IPC for granting illegal licenses to some traders of Bihar in the discharge of my official duties. It was the regime of Lalu Yadav when the government frequently changes rules and regulation for granting licenses. Now I am retired from the public post in the year 2002 March 12.
I have been availing all the retiral benefits and also enjoy pension. On November 3 of the year 2014, I received a letter from the PS of my department that Honorable Governor of state passed an order to recover all the loss, suffered to department from granting illegal licenses, from my pension. Sir, is it legitimate to file a criminal case and recover that amount out of my pension after 25 years from the date of occurrence and 13 years of my retirement?