[Dr. Ashok Dhamija]

The expressions “war” and “external aggression” used in Article 352 of the Constitution have not been defined in the Constitution. The expression “external aggression” is also used in Article 355. In the case of Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665 : AIR 2005 SC 2920, a 3-judge bench of the Supreme Court has distinguished between these expressions and has explained what is external aggression. Some of the relevant observations of the Supreme Court in this case are as under:

“The word “aggression” is a word of very wide import. Various meanings to the word have been given in the dictionaries, like, “an assault, an inroad, the practice of setting upon anyone; an offensive action or procedure; the practice of making attacks or encroachments; the action of a nation in violating the rights especially the territorial rights of another nation; overt destruction; covert hostile attitudes”.

“The word “aggression” is not to be confused only with “war”. Though war would be included within the ambit and scope of the word “aggression” but it comprises many other acts which cannot be termed as war. In Kawasaki v. Bantham S.S. Co. [(1938) 3 All ER 80 (KBD)] the following definition of “war” as given in Hall on International Law has been quoted (All ER p. 82 D) with approval:

“When differences between States reach a point at which both parties resort to force, or one of them does acts of violence, which the other chooses to look upon as a breach of the peace, the relation of war is set up, in which the combatants may use regulated violence against each other, until one of the two has been brought to accept such terms as his enemy is willing to grant.”

“In Introduction to International Law by J.G. Starke (Chapter 18) it is said that war in its most generally understood sense is a contest between two or more States primarily through their armed forces, the ultimate purpose of each contestant or each contestant group being to vanquish the other or others and impose its own conditions of peace. With the passage of time, the nature of war itself has become more distinctly clarified as a formal status of armed hostility, in which the intention of the parties, the so-called animus belligerendi may be a decisive factor. The modern war may involve not merely the armed forces of belligerent States but their entire population. In Essays on Modern Law of War by L.C. Green, the author has said that in accordance with traditional international law, “war is a contention between two or more States through their armed forces, for the purpose of overpowering each other and imposing such conditions of peace as the victor pleases”. The framers of the Constitution have consciously used the word “aggression” and not “war” in Article 355.”

“There was a large-scale influx of persons from the then East Pakistan into India before the commencement of December 1971 Indo-Pak War. On 3-11-1971, one month before the actual commencement of the war, Dr. Nagendra Singh, India’s representative in the Sixth Committee of the General Assembly on the Definition of Aggression, made a statement, wherein he said:

“… The first consideration, in the view of the Indian Delegation, is that aggression must be comprehensively defined. Though precision may be the first virtue of a good definition, we would not like to sacrifice the requirement of a comprehensive definition of aggression at any cost. There are many reasons for holding this view. Aggression can be of several kinds such as direct or indirect, armed in nature or even without the use of any arms whatsoever. There can be even direct aggression without arms. …

We would accordingly support the categorical view expressed by the distinguished delegate of Burma, the UK and others that a definition of aggression excluding indirect methods would be incomplete and therefore dangerous.

***

For example, there could be a unique type of bloodless aggression from a vast and incessant flow of millions of human beings forced to flee into another State. If this invasion of unarmed men in totally unmanageable proportion were to not only impair the economic and political well-being of the receiving victim State but to threaten its very existence, I am afraid, Mr Chairman, it would have to be categorised as aggression. In such a case, there may not be use of armed force across the frontier since the use of force may be totally confined within one’s territorial boundary, but if this results in inundating the neighbouring State by millions of fleeing citizens of the offending State, there could be an aggression of a worst order. …

What I wish to convey, Mr Chairman, is the complexity of the problem which does not permit of a four-line definition of aggression much less an ad interim declaration on it.”

[See Vol. 11 (1971) Indian Journal of International Law, p. 724.]”

This shows that the stand of our country before the UNO was that influx of large number of persons from across the border into India would be an act of aggression.”

“…one of the most respected and learned Judges of the recent times has termed the influx of persons from erstwhile colonies of Britain into Britain as “invasion”. The word “aggression” is, therefore, an all-comprehensive word having very wide meaning. Its meaning cannot be explained by a straitjacket formula but will depend on the fact situation of every case.”

“The definition of “aggression” as adopted by UN General Assembly Resolution No. 3314 (XXIX) was, however, for a limited purpose, namely, where the Security Council or the United Nations Organisation could interfere and adopt measures in the event of an aggression by one nation against another and the acts enumerated therein which may amount to aggression cannot restrict or curtail the meaning or the sense in which the word “aggression” has been used in Article 355 of the Constitution.”

“This being the situation there can be no manner of doubt that the State of Assam is facing “external aggression and internal disturbance” on account of large-scale illegal migration of Bangladeshi nationals. It, therefore, becomes the duty of the Union of India to take all measures for protection of the State of Assam from such external aggression and internal disturbance as enjoined in Article 355 of the Constitution. Having regard to this constitutional mandate, the question arises whether the Union of India has taken any measures for that purpose.”

It may also be pointed out that in the recent case of Assam Sanmilita Mahasangha v. Union of India, (2015) 3 SCC 1 : AIR 2015 SC 783, a 2-judge bench of the Supreme Court has referred, inter alia, the following question to be decided by a Constitution bench (of 5 judges) of the Supreme Court:

“Would an influx of illegal migrants into a State of India constitute “external aggression” and/or “internal disturbance”?”

Generally, it may be said that the meaning of the expression “external aggression” is much wider than the meaning of the word “war”. While every “war” may also generally be called an “external aggression”, the reverse may not always be true.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

The service rules applicable to you in respect of suspension may also be relevant (specially, how much period is prescribed in the rules for serving of charge sheet after the suspension).

In any case, you should have (examined and) challenged the suspension at the time when the period of 3 months had been completed and the charge sheet was yet to be served. Challenging the validity of suspension when the charge sheet has now already been served may or may not be successful.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

I think administrative complaints against a judge of the level of ADJ may be filed to the High Court, through the Registrar (Vigilance) of the High Court. You may check from the high court registry.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

The relevant rule in the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is not clear whether the recommendation of the review committee is binding on the disciplinary authority for continuing or revoking the suspension. But, in any case, at least, the disciplinary authority is required to give reasons if such authority does not act in accordance with the recommendation of the review committee and takes a contrary decision.

Further, there are Government instructions that if the officer has been under suspension for one year without any charges being filed in a court of law, he shall ordinarily be reinstated in service without prejudice to the case against him.  But, it is also in the instructions that, however, in case the officer is in police/judicial custody or is accused of a serious crime or a matter  involving national security, the Review Committee may recommend the continuation of the suspension of the official concerned.

But, in your case, the review committee has recommended revocation of the suspension to which the disciplinary authority has not agreed.

In these circumstances, you may consider approaching the Central Administrative Tribunal (CAT) against the order of continuation of suspension, and try your luck.

At the same time, you may have to fight the regular criminal case against you since one of the sections applied against you relates to rape which is a serious offence. If you feel that the criminal case against you is weak, you may challenge the framing of charges or otherwise try to get the trial concluded expeditiously.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Provisions relating to revision in criminal proceedings are contained in Sections 397 to 405 of the Cr.P.C. and those relating to revision in a civil proceeding are contained in Section 115 of the CPC. These provisions are reproduced below:

Criminal Procedure Code:

“397. Calling for records to exercise of powers of revision.— (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.

Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of Section 398.

(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

398. Power to order inquiry.— On examining any record under Section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under Section 203 or sub-section (4) of Section 204, or into the case of any person accused of an offence who has been discharged:

Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.

399. Sessions Judge’s powers of revision.— (1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of Section 401.

(2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of Section 401 shall, so far as may be, apply to such proceeding and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge.

(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court.

400. Power of Additional Sessions Judge.— An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge.

401. High Court’s powers of revision.— (1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a court of appeal by Sections 386, 389, 390 and 391 or on a Court of Session by Section 307 and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by Section 392.

(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.

(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.

(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.

(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.

402. Power of High Court to withdraw or transfer revision cases.— (1) Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the applications for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge.

(2) Whenever any application for revision is transferred to the High Court, that Court shall deal with the same as if it were an application duly made before itself.

(3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself.

(4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applications for revision have been disposed of by the Sessions Judge.

403. Option of Court to hear parties.— Save as otherwise expressly provided by this Code, no party has any right to be heard either personally or by the pleader before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.

404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court.— When the record of any trial held by a Metropolitan Magistrate is called for by the High Court or Court of Session under Section 397, the Magistrate may submit with the record a statement setting forth the grounds of his decision or order and any facts which he thinks material to the issue; and the Court shall consider such statement before overruling or setting aside the said decision or order.

405. High Court’s order to be certified to lower Court.— When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by Section 388, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified; and, if necessary, the record shall be amended in accordance therewith.”

Civil Procedure Code:

“115. Revision.—  (1) The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate court appears—

(a) to have exercised a jurisdiction not vested in it by law, or

(b) to have failed to exercise a jurisdiction so vested, or

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,

the High Court may make such order in the case as it thinks fit:

Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings.

(2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto.

(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.

Explanation.—In this section, the expression “any case which has been decided” includes any order made, or any order deciding an issue, in the course of a suit or other proceeding.

Note 1.—For provisions as to commencement and application of the Amendments, Repeal and Savings, see Section 97(2)(n) of the CPC (Amendment) Act, 1976, given in the Appendices.

Note 2.—For provisions as to commencement and application of the above amendments made by Act 46 of 1999, Repeal and Savings provision, see Section 32(2)(i) of the CPC (Amendment) Act, 1999 (Act 46 of 1999), given in the Appendices.”

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

The answer to your question will depend on the detailed facts and circumstances of your case. It is not possible to reply to your question which is based on facts as to whether the family members’ names can be removed from the case under the Protection of Women from Domestic Violence Act, 2005. Please consult some local lawyer.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

As per Section 6 of the Hindu Minority and Guardianship Act, 1956, in the case of a boy or an unmarried girl, the natural guardian is the father, and after him, the mother. This section is reproduced below:

“6. Natural guardians of a Hindu minor.—The natural guardians of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are—

(a) in the case of a boy or an unmarried girl—the father, and after him, the mother : Provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

(b) in the case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, the father;

(c) in the case of a married girl—the husband :

Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—

(a) if he has ceased to be a Hindu, or

(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).

Explanation.—In this section, the expressions ‘father’ and ‘mother’ do not include a step-father and a step-mother.”

However, Section 13 of the said Act provides that in the appointment or declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration. Moreover, no person shall be entitled to the guardianship by virtue of the provisions of the above Act if the court is of opinion that his or her guardianship will not be for the welfare of the minor. This section is reproduced below:

“13. Welfare of minor to be paramount consideration.—(1) In the appointment or declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration.

(2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.”

 The fact that you are facing a dowry death case and are currently on bail, may come in the way of your claim to be given custody of the minor daughter if the court considers that the welfare of the daughter may be affected if she is given in your custody. The result of the case depends on the facts and circumstances of the case.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

There can be no injunction against filing of a criminal complaint if the offence has taken place. You may have to fight the case on merits.

However, their past conduct of filing a false criminal complaint may be relevant.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

It will depend on the penalty, if any, imposed during the departmental inquiry. If the penalty imposed is a major penalty such as dismissal or removal or compulsory retirement, then one is out of service and there would be no suspension allowance. However, if the penalty is smaller than these penalties, then the suspension may or may not be continued till the criminal case in CBI court is over.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

As mentioned in the Tilak Marg article noted in your question, you can challenge the suspension order in appropriate court / tribunal since it appears to be in violation of the above SC order (as mentioned in the said article).     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Please do not repeat a question in a different question thread. If the department does not revoke the suspension in spite of request, you have to challenge it before the appropriate court. Engage some local lawyer, if needed.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

What is the legal question?     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

FIR (full form: “First Information Report”) is the first information or the original complaint that is given to the police for setting the criminal law in motion in a case wherein a cognizable offence is committed. It is given to the police under Section 154 of the Criminal Procedure Code and is registered as FIR by police in the book / register meant for that purpose. On the basis of the FIR, the police will start investigation in the facts and circumstances of the case to ascertain truth in the complaint given to it. During investigation, the police will collect the evidence to support the case, including recording of statements of witnesses, collecting documents, searching the premises, seizing weapons / articles used in the offence, arresting the accused persons (if necessary), etc.

The relevant extract of Section 154 of Cr.P.C. which explains what is FIR is reproduced below:

“154. Information in cognizable cases.— (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf: …”.

On completion of the investigation by police, if it finds that there is prima facie evidence to prosecute the accused persons who have committed offence(s) mentioned in the FIR (i.e., the original complaint), then it will file a “charge sheet” in the competent court under Section 173 of the Cr.P.C. Thus, “charge sheet” is the result of the investigation which is submitted to the court on completion of the investigation in the FIR, along with all necessary evidence collected during the investigation, with a request to conduct trial against the accused persons.

The relevant extracts of Section 173 of Cr.P.C., which speak about the contents of the charge sheet are reproduced below:

“173. Report of police officer on completion of investigation.— (1) Every investigation under this Chapter shall be completed without unnecessary delay.

*** *** ***

(2)(i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating—

(a) the names of the parties;

(b) the nature of the information;

(c) the names of the persons who appear to be acquainted with the circumstances of the case;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been arrested;

(f) whether he has been released on his bond and, if so, whether with or without sureties;

(g) whether he has been forwarded in custody under Section 170.

(h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under Sections 376, 376-A, 376-B, 376-C, 3[376-D or Section 376-E of the Indian Penal Code.

(ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given.

*** *** ***

(5) When such report is in respect of a case to which Section 170 applies, the police officer shall forward to the Magistrate along with the report—

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses.”

In this way, it can be said that “FIR” is the initiation of the process of investigation in a cognizable offence, whereas “charge sheet” is the culmination of the process of investigation in that offence.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

As per the provisions of Section 142 of the Negotiable Instruments Act, a complaint can be made about the offence of cheque bounce under Section 138 of the Act, within one month of the expiry of 15 days period from receipt of the notice by the drawer of the cheque if no payment is made within those 15 days. However, the court has the power to condone the delay if the complainant satisfies the court that he had sufficient cause for not making a complaint within such period.

Relevant extract of the Section 142 is reproduced below:

“142. Cognizance of offences.— (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—

***   ***   ***

(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138:

Provided that the cognizance of a complaint may be taken by the court after the prescribed period, if the complainant satisfies the court that he had sufficient cause for not making a complaint within such period.”

Provisions of Section 138 of the Negotiable Instruments Act are also reproduced below for reference:

“138. Dishonour of cheque for insufficiency, etc., of funds in the account.— Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for a term which may extend to two year, or with fine which may extend to twice the amount of the cheque, or with both:

Provided that nothing contained in this section shall apply unless—

(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;

(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and

(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or as the case may be, to the holder in due course of the cheque within fifteen days of the receipt of the said notice.

Explanation.—For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.”

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Make a detailed written request to revoke the suspension to the competent authority (who ordered suspension) on the basis of the SC order if 3 months’ period is over and no charge sheet served so far.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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