Cheque was issued to X but case was filed by Y at someother place 400kms away who is not known to accused no phone and letter correspondence what to do Sir
Director(A) resigned from the company in 2011. Company had issued postdated cheque of the year 2016 to the Govt. financial institute(Not Bank) under his signature along with other director(B)’s signature for repayment of loan. However, the company’s factory was taken over by the Bank ( against their loan default) in the year 2012 sarfaesi act. The govt financial institute submitted the post-dated cheque in the bank in 2016 which was dishonored due to insufficient funds. The Govt financial institute issued Demand Notice to the Company & the Director (A & B) on the companies factory address which was closed & was in possession of the bank. Director (A) who had resigned in 2011 did not receive any demand notice & was also not part of the day-to-day affairs of the company . The govt financial institute has now filed criminal case in MM court against the company & its Directors (A&B) . In such scenario is Director(A) who had resigned in 2011 liable ?
Sir thank you nice video, in my case icici bank Raichur Karnataka has forged signature in kcc crop loan, forged signature on just one page & two pages are not signed called addendum & no main pages so it's incomplete agreement as there are no terms & conditions missing rate of interest repayment schedule tenure of loan, now bank has given legal notice through advocate, still I have 10 days to reply, how to reply sir
i guess Im randomly asking but does someone know of a trick to log back into an instagram account?? I stupidly forgot the account password. I appreciate any assistance you can offer me
@Melvin Van i really appreciate your reply. I found the site through google and I'm in the hacking process now. Looks like it's gonna take a while so I will get back to you later when my account password hopefully is recovered.
Adalat prasad does not appears to be good law in the sense that while in serious case(warrant case) - magistrate has power to discharge,however just because of this being non- serious summon case- a wrongly issued summons cannot be discharged- the point is - justice need just to be affordable also as going to high court first means first parallel proceedings at two courts - secondly - the cost part of proceedings at higher courts.
Also- while crpc mandates day to day trial but practicality is different,and these cases runs for decade in some cases,further the power to quash u/s 482 is very limited when actually no case,eg. Not being director etc.especially when court says - simple averment is enough and further liability, limitation,notice itself is a question of fact and trial necessary .in this view Bhushan kumar judgement appears to be good law compared to adalat prasad and subramaniyam setu which some magistrate unsuccessfully though appears to be correct in my view,that if the accused brings out a exculpatory evidence,the accused can be discharged before notice framing,thus saving public money and machinery that can be used for cases on better footing.
Another vital point, summary trial to judges understanding must lead to conviction and if one has defence - immediately it is converted to summon case- it does not make sense in manner that any trial can have two fates and cannot mean only conviction,if acquittal is allowed- for no case cases- acquittal can be instead of discharge by trying in summary manner and no need to go to high court to quash case but practically - i have not seen this happening.
Cheque was issued to X but case was filed by Y at someother place 400kms away who is not known to accused no phone and letter correspondence what to do Sir
Sec 319 crpc not applicable in 138 N.I matters. There's a SC Judgment on this.
Superb 👌 👌Although was aware but your session was enlightening 🙏
Clear .. lucid ..information
Director(A) resigned from the company in 2011. Company had issued postdated cheque of the year 2016 to the Govt. financial institute(Not Bank) under his signature along with other director(B)’s signature for repayment of loan. However, the company’s factory was taken over by the Bank ( against their loan default) in the year 2012 sarfaesi act. The govt financial institute submitted the post-dated cheque in the bank in 2016 which was dishonored due to insufficient funds. The Govt financial institute issued Demand Notice to the Company & the Director (A & B) on the companies factory address which was closed & was in possession of the bank. Director (A) who had resigned in 2011 did not receive any demand notice & was also not part of the day-to-day affairs of the company . The govt financial institute has now filed criminal case in MM court against the company & its Directors (A&B) . In such scenario is Director(A) who had resigned in 2011 liable ?
Sir thank you nice video, in my case icici bank Raichur Karnataka has forged signature in kcc crop loan, forged signature on just one page & two pages are not signed called addendum & no main pages so it's incomplete agreement as there are no terms & conditions missing rate of interest repayment schedule tenure of loan, now bank has given legal notice through advocate, still I have 10 days to reply, how to reply sir
Whether notice issued in the name of firm and not in the name of properitor vitiates proceedings
Good Afternoon Sir.
Thank you
Amazing
Advocate send blank envolve in notice
Very informative
Thank you so much Sirrrrrrrrrr
Morepen returns fds in form of shares which are not negotiable . This is as ad as cheque bouncing .
Wonderful enlightenment. Looking for some more by you sir.
Topics such as Anticipatory bail in Economic Offences, Quashing in NI Act matters.
Ololooop0loooooloo ok olol9olopp
i guess Im randomly asking but does someone know of a trick to log back into an instagram account??
I stupidly forgot the account password. I appreciate any assistance you can offer me
@Cash Ali Instablaster :)
@Melvin Van i really appreciate your reply. I found the site through google and I'm in the hacking process now.
Looks like it's gonna take a while so I will get back to you later when my account password hopefully is recovered.
@Melvin Van It did the trick and I actually got access to my account again. Im so happy!
Thank you so much, you saved my account !
Date of the cheque will then be of consequence in cases where there is change in the corporate status.
Very useful sir
Is there a separate law against credit card holder in case of insufficient funds
Great video
Adalat prasad does not appears to be good law in the sense that while in serious case(warrant case) - magistrate has power to discharge,however just because of this being non- serious summon case- a wrongly issued summons cannot be discharged- the point is - justice need just to be affordable also as going to high court first means first parallel proceedings at two courts - secondly - the cost part of proceedings at higher courts.
Also- while crpc mandates day to day trial but practicality is different,and these cases runs for decade in some cases,further the power to quash u/s 482 is very limited when actually no case,eg. Not being director etc.especially when court says - simple averment is enough and further liability, limitation,notice itself is a question of fact and trial necessary .in this view Bhushan kumar judgement appears to be good law compared to adalat prasad and subramaniyam setu which some magistrate unsuccessfully though appears to be correct in my view,that if the accused brings out a exculpatory evidence,the accused can be discharged before notice framing,thus saving public money and machinery that can be used for cases on better footing.
Another vital point, summary trial to judges understanding must lead to conviction and if one has defence - immediately it is converted to summon case- it does not make sense in manner that any trial can have two fates and cannot mean only conviction,if acquittal is allowed- for no case cases- acquittal can be instead of discharge by trying in summary manner and no need to go to high court to quash case but practically - i have not seen this happening.
Absolutely Brilliant Grip on the Law.
Its wonderful & grateful to have a lecture from you sir. 🙏 Really very helpful. May god bless you.