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Showing posts with the label Complaints to Magistrate

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!   PUNISHME...

STEP-BY-STEP PROCEDURE FOR FILING CHEQUE BOUNCE COMPLAINT AGAINST THE ACCUSED

CHEQUE BOUNCE PROCEDURE / SHORTICLE - 2 The offence of Cheque Bounce is quite common and therefore, the cases of these kind of offences have reached to such huge quantities that the Magistrate Courts have started clogging because of the ever-increasing cases pertaining to cheque bouncing. The routine nature of this offence, in a way or another, cautions that this can happen with you too, so better be prepared! Let us first consider a practical situation: AKBAR , a shop owner in a flee-market in Mumbai, sells clothes of copied brands (like Adibas, Nikee etc.) to public, for which he purchases such clothes in bulk from his distributor, BIRBAL , since last 2 years. Akbar had taken Rs. 50,000/- worth Adibas clothes on credit from BIRBAL during December 2020, and due to COVID-19 he was not able to pay any money to BIRBAL. However, BIRBAL remembers that on the first day of business in the year 2019, AKBAR had given 01 signed undated Security Cheque of Rs. 50,000/- to BIRBAL in case...

WHAT TO DO IF POLICE DOES NOT TAKE ACTION ON MY POLICE COMPLAINT?

ONE MUST ALWAYS TRY TO REFRAIN FROM STEPPING INTO THE CONTOURS OF A COURTROOM, FOR THOSE WHO ENTER ARE FOOLS, WHO VALUE THEIR MONEY OVER THEIR TIME.                                                - A SMART PERSON There may be several reasons as to why the Investigation Officer (hereinafter “ I.O. ”) is not in favour of registering an FIR in your case. Apart from the usual reason, which I am not in favor of mentioning on this online portal, the other reason(s) may include: That, the IO feels your complaint is based on false facts. That, the IO feels your complaint has arisen because of a mere ego-clash between you and the accused. That, the IO feels your complaint do not fall within the four-corners of any criminal offence mentioned under Indian Penal Code or any other Penal Act. That, the IO feels your complaint lacks enough witness/e...