Legal Question in Criminal Law in India

tenders

i am rewording question for your valuable answers . there was a tender . authority non observing rules and procedures allowed a person to participitate in the auction knowing well that he is aunqualified person. 1996(2)apex court journal 270 s.c says non compliance of rules will make tender proceedings a complete nullity . 1990 civil court cases 759 allahabad h.c says non compliance of rules makes proceedings a nullity and non existed in eye of law. the authority file a complaint against the biddr when the cheque given by him is returned by bank saying it as a foged one but he is silent about how the bidder partici pated in the auction violating rules .will his criminal complaint stand?


Asked on 11/10/08, 10:17 pm

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: tenders

You are citing judgements of Supreme Court and the Allahabad High Court without providing sufficient facts and without citing the Rule which is applicable in the present case.

It is not clear how do you figure in the case - are you an accused or a complainant or just a third party?

Please explain your injury - how you are affected?

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Answered on 11/11/08, 8:32 am
Nasir Butt Nasir Law Associates

Re: tenders

Proceedings against bounced cheque lie with the payment comes within the ambit of "obligation", whereas facts stated in the proposition don't constitute liability to make payment being the unqualified bidder, therefore proceedings under section 138 of the Negotiable Instruments do not lie. So far as non-observing the rules and regulations is concerned, it is apart and distinct wrong and it should not be amalgamated with other one.

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Answered on 11/11/08, 10:20 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: tenders

you are confusing two different issues. Criminal complaint in respect of forged cheques can stand.

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Answered on 11/24/08, 4:40 am
Shrichand Nahar S.V.Nahar, Advocate

Re: tenders

Tender proceedings and forged cheque are two distinct matters. Criminal case as regards forged cheque will stand, irrespective of legality or otherwise of the Tender proceedings.

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Answered on 11/11/08, 12:42 am


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