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Showing posts from May, 2021

PART 1 - THINGS TO KNOW BEFORE FILING DEFAMATION COMPLAINT

Being aggrieved of the ruthless comments made upon Birbal by Akbar (His Majesty) in front of the entire Darbar, Birbal has decided to file a Defamation Complaint before the Court of Law. (If you feel clueless, read the first paragraph of - PREVIEW OF DEFAMATION COMPLAINTS PROCEDURE ) Also, Birbal is clueless about the legal process, so he approached Me ( Note: this anecdote is fictional, if you have not realized till now). I had to tell him the following information to make him aware about “Defamation Case Procedures in Indian Courts” in exchange of some legal-fee of course: SECTION 499: Defamation is a Criminal offence under Section 499 of Indian Penal Code . This legal provision contains the legal definition of ‘Defamation’, which has to be followed by Courts and the judicial fraternity in order to convict or acquit an Accused person.   Short-Gyan: Did you know that making defamatory comments against a dead individual is also a criminal defamation offence!   PUNISHMENT: Upon

WHAT ANCILLARY APPLICATIONS ARE REQUIRED TO BE FILED DURING A CHEQUE BOUNCE CASE?

After knowing about all the Steps which are involved; What goes into a Demand Notice; What goes into a Cheque Bounce Complaint, and What are the stages in the process of a Cheque Bounce case, we have now reached to the last portion of My Second Shorticle Series “CHEQUE BOUNCE PROCEEDINGS IN INDIAN COURTS” . In this Shorticle you will get to know about some basic Applications which are required to be filed during a Cheque Bounce case. Though, this Shorticle talks about “Ancillary Applications”, but according to me, these are the most effective Applications in a Cheque Bounce Case.     For a better understanding, each of the relevant “Ancillary Application” has been mentioned at its relevant stage, so let us Re-cap the stages of a Cheque Bounce Case again:   FILING COMPLAINT (Before the Magistrate Court)  ⬇️ RECORDING VERIFICATION STATEMENT OF COMPLAINANT (ON OATH) (By a Magistrate under Section 200 of CrPC ) (Magistrate will issue a Summon against Accused u/s. 204 of

HOW TO DRAFT A CHEQUE BOUNCE COMPLAINT?

  I n the last 02 shorticles titled “Practical Insights and Stages in a Cheque Bounce Case” [PART 1] and [PART 2] , I tried to paint a broad picture of the entire court procedure step-by-step which goes into a cheque bounce matter. Now, that we have some idea about the court procedure, let us get down to the technicalities on how to draft a Cheque Bounce Complaint u/s. 138 of the Negotiable Instruments Act, 1881. [ Note: Before starting, you may want to read “Step-by-Step Procedure for taking action in a Cheque Bounce offence” to refresh your memory about the events that take place before even drafting a Complaint.]         HOW TO DRAFT A CHEQUE BOUNCE COMPLAINT? Following are the basic points which shall mandatorily go into a Cheque Bounce Complaint draft:   1.    THE CAUSE TITLE :   a.     COURT NAME: The Name and No. of the Court before which you are filing this Cheque Bounce Complaint –   BEFORE THE LD. METROPOLITAN MAGISTRATE 17 th COURT AT BORIV