[Dr. Ashok Dhamija]

From legal point of view, for recovery of money you may have to file a summary suit in the civil court having jurisdiction. You’ll have to prove the money lent to her and the other relevant issues.

Giving threats to someone would be covered as “criminal intimidation” as defined under Section 503 IPC, which is punishable under Section 506 of IPC. So, depending on facts of your case, you may file a case under Section 506 IPC. In this regard, also see:

• Section 506 IPC – whether bailable or non-bailable?

More than this, I cannot comment since I am not aware of the full facts of your case as to whether and what evidence she has got on her allegations of sexual harassment. Sometimes, there is a possibility of fabricating such false allegations also. So, you have to take a call in this regard, whether to settle the issue with her amicably or to go in for the above case(s) against her. Since you already have the recorded conversations about her threats of filing sexual harassment case against you, it may perhaps help you if you file the case against her and then she retaliates against you. But, it has to be your call, as mentioned above.

     

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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]

Section 7 of the Prevention of Corruption Act, 1988, uses the expression “…accepts or obtains or agrees to accept or attempts to obtain from any person…”. This may imply that an acceptance simpliciter may also amount to the offence under Section 7 of the Act, even in the absence of a demand of bribe. However, the judgments of the superior courts on this issue are divided and there are some judgments which hold that demand is necessary for such offence, or for the offence under Section 13(2) read with 13(1)(d) of the Act.

You may consult some local lawyer at your place for a detailed opinion on judgments on this issue, in the light of detailed facts of your case to see whether demand is there or not on the facts of your case.

The word “demand” is not defined in the PC Act.

You may have to file a petition under Section 482 of the Cr.P.C. to get the FIR quashed.

     

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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]

Since you have stated that you have already filed a consumer case with the appropriate consumer forum / court, you may request the consumer court to pass an interim order of stay or modification of the EMI under the powers vested in such court under Section 13(3-B) of the Consumer Protection Act, 1986, which is reproduced below:

“(3-B) Where during the pendency of any proceeding before the District Forum, it appears to it necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case.”

Though this provision relates to the District Consumer Forum, this power can be exercised also by the State Consumer Forum under Section 18 and by the National Commission under Section 22 of the said Act. So, depending upon in which consumer court your case is pending, you can move an application.

Please check with your advocate whether he filed such an application for an interim order when filing your original consumer case. If not, file it now by contacting your lawyer.

You should not stop paying EMI unless you get an interim order or some other final order from any competent court or tribunal. You cannot take such suo motu decision. Of course, you may negotiate / discuss with the bank concerned, and if they agree to stop or reduce the EMI, then it is a different thing. Otherwise, you should not stop the EMI on your own, and it is advisable first to get an interim order from the consumer court, or other competent court, such as the civil court having jurisdiction, for this purpose.

     

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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]

Once the court has already cancelled the regular bail, the only option left before you is to approach the higher court against such cancellation.

Please note that in addition to what I had mentioned earlier, the considerations for cancellation of bail are entirely different from the considerations for grant of bail. Normally, the bail can be cancelled when one or more of the bail conditions are violated by the person who had been granted bail, and/or if the person has absconded or is influencing the witnesses or destroying or concealing the evidence, etc.

The judgment requested for by you:

The provisions of S. 438 Cr.P.C. cannot be invoked after the arrest of the accused. The grant of “anticipatory bail” to an accused who is under arrest involves a contradiction in terms, in so far as the offences for which he is arrested, are concerned. After arrest, the accused must seek his remedy under S. 437 or Section 439 of Cr.P.C., if he wants to be released on bail in respect of the offence or offences for which he is arrested. [Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632 at p. 1648 : 1980 Cri LJ 1125 : (1980) 2 SCC 565 : 1980 SCC (Cri) 465. See also, Adri Dharan Das v. State of W.B., (2005) 4 SCC 303 at p. 312 : AIR 2005 SC 1057 : 2005 Cri LJ 1706 : 2005 SCC (Cri) 933; Naresh Kumar Yadav v. Ravindra Kumar, (2008) 1 SCC 632; A. Kamalakar Rao v. State of A.P., 1983 Cri LJ 872 at p. 874 (AP) : (1983) 1 APLJ 97.]

[Note: Above case law is reproduced from my book on Law of Bail, Bonds, Arrests and Custody.]

     

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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 visit the NSDL website at the following link:

https://tin.tin.nsdl.com/pan/correctiondsc.html

Read the instructions and fill in your details online for changing or correcting the PAN card data, including change in signature. Follow the on-screen instructions and proceed as explained on the above web page.

     

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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]

In your last question, you had mentioned that an order has been passed under Section 256(1) Cr.P.C. Now, you are revising the facts.

Please note that order under Section 256(1) Cr.P.C. is passed for acquittal of the accused when the complainant does not appear on the given date. What is the reason for that date may not be fully relevant, because the complainant is required to be present, unless if his presence has been exempted under the Proviso. So, you’ll have to explain your absence.

It is not possible for us to guide you on detailed facts of the case without even seeing the detailed documents. Please consult some local lawyer for that purpose.     

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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 has been pointed out by me in Drawers signature differs – whether cheque bounce case made out, an offence under Section 138 of the N.I. Act may be made out even where the cheque has been returned unpaid on the ground of signature difference, provided other conditions mentioned in that section are satisfied.

Now, in your case, you have mentioned that you have forgotten your signature that you had initially given to the bank as specimen signature. In this case, if the cheque is dishonoured, which is likely to be the case, you’ll get a legal notice from the payee of the cheque to make the payment of the amount. At that stage, you can make the payment to him by giving another cheque with valid signatures or pay him by other means (such as by online transfer, bank draft or cash, etc.) since your intention is not to avoid payment. If you make payment to the payee at that stage, no offence would be made out since other conditions mentioned in Section 138 would not be satisfied.

Secondly, from your question, it appears that you have issued the cheque with different signatures by mistake, in such situation if the cheque is yet to be presented to the bank, you may request the payee to return that cheque to you and in its place you may issue him another cheque with valid signatures. And, even if this cheque has been presented and dishonoured by the bank but the legal notice is yet to be received by you, nothing stops you from contacting the payee and requesting him not to issue a legal notice to you by showing your willingness to give another valid cheque to him. In all these situations also, no offence would be made out under Section 138 of the N.I. Act.

     

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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 all depends on the facts of the case. The court has the power to extend time for filing of the rejoinder. You can make a request. If you have a genuine reason for extension of the time for filing the rejoinder, the court may allow it.

But, please also remember that it is not necessary always to file the rejoinder. If only there is a necessity to counter certain averments made in the counter-affidavit / written statement of the respondent / defendant, you should file the rejoinder; otherwise, it is not mandatory and there is no need to file it as a routine exercise.

     

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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 is no such thing as you have mentioned in Section 151 Cr.P.C. Perhaps, you are referring to Section 251 thereof.

You should check the records. It may be in the specified format itself as to whether the accused pleads guilty and whether he wants to be tried and the reply of the accused might have been recorded therein, though the Magistrate might not have asked orally.

The order under Section 256(1) of the Cr.P.C. is passed due to absence of the accused. You may have to file a revision against such order explaining why you as complainant (and/or you advocate) could not appear in the court on the designated day. That whether accused pleads guilty was asked or not, may be an irrelevant factor for this purpose.

If the warrant is not being served at the address given, then naturally the Magistrate would ask for the correct / new address of the accused person. It is for your own benefit as the complainant. If you feel that the address given already is correct and that the office is closed for last few months, you may state the same in the court. But, at the same time, when the office is closed, you should provide some alternative address (such as residential address), otherwise how will the warrant or summons be served if the office continues to remain closed for few more months, and in the absence of that, how will the trial start or complete?

     

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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]

Get a copy of the report submitted by police and counter that. If the Magistrate is convinced, he may order FIR and investigation. Otherwise, you may request the Magistrate to consider your complaint as a private compalint and pursue the same as a private complaint.

Approach the higher courts only after you do not get justice from the Magistrate. If the Magistrate does not pass a favourable order, then you can challenge his order. Before that, it may not be advisable to approach the higher courts since it may be premature.

 

     

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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]

Yes, you can send the legal notice on your own. It is not mandatory to send the notice through advocate.

In fact, subsequently, if you are required to file the case in the court under Section 138 of the Negotiable Instruments Act, that can also be done by you without engaging any advocate.     

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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]

Section 438 Cr.P.C. itself makes it very clear. It is clear from the first principles, i.e., from the language of the section itself, since “anticipatory” bail is only in “anticipation” of arrest and not after that (though the words “anticipatory bail” are not used in this section, the section is understood as such). Language of section makes it clear that Section 438 can be used while apprehending arrest or anticipating arrest, but not after that.     

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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]

You’ll have to make an application for taking action for perjury against the party filing forged documents in evidence. This will have to be filed under Section 340 of the Cr.P.C. before the court where such forged documents have been filed. Please keep in mind that even a civil court will have power under Section 340 Cr.P.C. if the forged documents were submitted in such civil court. Offence of perjury may have been committed under Section 193 IPC, or may be under some other relevant section such as Section 194 or 195 of IPC, etc., depending upon the exact nature of the perjury committed. There is a bar on taking direct cognizance of such offences of perjury, as mentioned in Section 195 Cr.P.C. (remember, this is Cr.P.C., and not IPC; so don’t confuse), without the complaint in writing on the complaint of the court in which such perjury has been committed. That’s why you’ll have to move the concerned court (even if it is a civil court) wherein forged documents are submitted under Section 340 Cr.P.C. for initiating action in this regard.

Police will not register FIR in this case, since the court is supposed to initiate action.

     

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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]

Section 357-A of Cr.P.C. requires a recommendation to be made by the trial court, and generally such recommendation would be made at the conclusion of the trial. The trial court has the power also under Section 357 Cr.P.C. for compensation to the victim.

But, I think, you may also have to file a civil case seeking injunction and damages for trespass. It is mainly in the civil case that you would get compensation. You may even pray for temporary or interim injunction against the trespass by the opponent.

     

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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]

Yes. The lower court has the power to grant bail under Section 437 Cr.P.C. if the person concerned surrenders or brought before him in custody, even if his application for anticipatory bail was pending in a higher court. There is no legal bar on this.

Seeking anticipatory bail is a sort of privilege that in the event of arrest, the applicant would be released on bail. When that person, on his own, surrenders before lower court without waiting for the decision in the anticipatory bail application, he is also surrendering or giving up his right to seek anticipatory bail.

In fact, the moment the person concerned surrenders before a court, his anticipatory bail application automatically becomes infructuous and meaningless. Anticipatory bail is relevant only till a person is apprehending arrest but has not actually been arrested. Anticipatory bail, when granted, implies that the person concerned will be released in the event of his arrest. But, when that person has already surrendered, then there is no question of his being arrested again, and also therefore, then there is no relevance of granting him anticipatory after his surrender. Therefore, anticipatory bail application becomes infructuous the moment the person concerned is arrested or he surrenders before the court on his own. So, it can be said that his application for anticipatory bail would not be processed or decided after his surrender since it has become meaningless.

In view of these reasons, I don’t think there is any irregularity if bail is granted by the lower court to him on his having surrendered before such court, at a time when his anticipatory bail application was pending consideration before a higher court, since such application for anticipatory bail became infructuous. In any case, you have mentioned that you had already moved an application to withdraw the anticipatory bail application from the higher court before surrendering before the lower court.

     

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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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