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Q. Case under section 138 NIA

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Anonymous

posted 2 months ago

Q.Case under section 138 NIA
The case has been filed by the chairperson of an institute, whereas the cheques are in the name of the institute.
1) The case title is The chairperson v/s me, not the institute v/s me.
2) there is no Society Resolution enclosed, authorizing the chairperson to file such a case.
3) There is no Society Resolution stating the complainant to be the Chairperson of the said institute.
4) While verifying the complaint, the chairperson has shown 'no full knowledge of the said cheques'.

Kindly guide n help.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 2 months ago

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A. ) Quash the FIR u/s 482 on technical grounds as you have mentioned.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 2 months ago

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A. ) Dear Sir,
It appears there are more and more chances of getting proceedings quashed on technical grounds as stated by you. You may approach High Court immediately under Section 482 of CrPC.

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Adv dadasaheb Lande

Experience: 16 Year(s)

Responded 2 months ago

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A. ) DEAR CLIENT CASE ARE READY TO EVIDENCE CALL THIS SOCIETY RESOLUTION DOCUMENTS THEY ARE NOT PRESENTED SO CASE IS AUTOMATICALLY DISPOSES.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 2 months ago

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A. ) what help you want?
the case seems to be technically non-maintanable due to no resolution for initiating legal action,
consult with complete documents

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Anonymous

Replied 2 months ago

Thank you so much..it really will help me in fighting it...

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Suneel Moudgil

Experience: 15 Year(s)

Replied 2 months ago

welcome

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 2 months ago

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A. ) Chairperson having such laiblity on the behalf of institute

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