CONTENTS

1. DECLARATION............................................................. 2

2. ACKNOWLEDGEMENT…………………………… 3

3. ABOUT THE ADVOCATE……………………………..4

4. CASE 1 ………………………………… 5

5. CASE 2 .........................................................8

6. RESEARCH ON CHECK BOUNCE CASES…………..10

7. SUMMARY……………………………………………. 12

8. EXECUTIVE REPORT………………………………... 13

9. CERTIFICATE………………………………………… 14

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 DECLARATION

This is to certify that summer internship report is the work done by

SONALI RAGHUWANSHI under the guidance and supervision for

the partial fulfillment in the requirement of B.A. LL.B. (hons.) 7

Semester at department of law, PIMR, Indore.

To the best of knowledge and belief this report embodies the work of

the candidate himself; has been duly completed and is up to standard

in term of language and content.

Faculty in charge:

Supervisor: Prof. Vijay Shekhar Sir

Date: Place: PIMR, department of law

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 ACKNOWLEDGEMENT

A project is never a unilateral effort; there is always a team of other

person who contributed in one or more ways. The credit for

successful completion of this project goes to the number of people

without whose help I would not have been able to do justice to this

project therefore I would like to take this opportunity to express my

gratitude towards them .

I would like to express gratitude towards our teacher and director for

their inspiring thoughts and explanations. Words are not enough to

convey my special thanks to respected teacher, my parents and all my

friends who helped me.

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 ABOUT THE ADVOCATE

I, SONALI RAGHUWANSHI, did my Summer Internship under the

guidance of Adv. Krishna Kumar Kalra . He has great knowledge

of law. He has been practicing in the Indore district court from last 7

years .

He is a very gentle and polite person. As I was a second-year-law-

student, I had a lot of queries and despite being so busy in his work he

used to solve my queries. He is a dynamic personality and it was a

treat to eyes to witness his hearings in the court of law. He was very

good in tabling his arguments before the honorable judges of district

court and family court. He was very supportive and always made sure

that I keep on learning new things.

It was truly a great experience and all the teachings of Kalra Sir

would definitely benefit me in my future.

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CASE :1
Khudel v/s Vishal
Section 304B in The Indian Penal Code
304B. Dowry death.—

(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise
than under normal circumstances within seven years of her marriage and it is shown that soon
before her death she was subjected to cruelty or harassment by her husband or any relative of
her husband for, or in connection with, any demand for dowry, such death shall be called
“dowry death”, and such husband or relative shall be deemed to have caused her death.
Explanation.—For the purpose of this sub-section, “dowry” shall have the same meaning as
in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).

(2) Whoever commits dowry death shall be punished with imprisonment for a term which
shall not be less than seven years but which may extend to imprisonment for life.]

Section 498A in The Indian Penal Code

498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever,
being the husband or the relative of the husband of a woman, subjects such woman to cruelty
shall be punished with imprisonment for a term which may extend to three years and shall
also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit
suicide or to cause grave injury or danger to life, limb or health (whether mental or physical)
of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any
person related to her to meet any unlawful demand for any property or valuable security or is
on account of failure by her or any person related to her to meet such demand.]

Section 164 in The Code Of Criminal Procedure, 1973

164. Recording of confessions and statements.

(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has
jurisdiction in the case, record any confession or statement made to him in the course of an
investigation under this Chapter or under any other law for the time being in force, or at any
time afterwards before the commencement of the inquiry or trial: Provided that no confession
shall be recorded by a police officer on whom any power of a Magistrate has been conferred
under any law for the time being in force.

(2) The Magistrate shall, before recording any such confession, explain to the person making
it that he is not bound to make a confession and that, if he does so, it may be used as evidence

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against him; and the Magistrate shall not record any such confession unless, upon questioning
the person making it, he has reason to believe that it is being made voluntarily.

(3) If at any time before the confession is recorded, the person appearing before the
Magistrate states that he is not willing to make the confession, the Magistrate shall not
authorise the detention of such person in police custody.

(4) Any such confession shall be recorded in the manner provided in section 281 for
recording the examination of an accused person and shall be signed by the person making the
confession; and the Magistrate shall make a memorandum at the foot of such record to the
following effect:-" I have explained to (name) that he is not bound to make a confession and
that, if he does so, any confession he may make may be used as evidence against him and I
believe that this confession was voluntarily made. It was taken in my presence and hearing,
and was read over to the person making it and admitted by him to be correct, and it contains a
full and true account of the statement made by him.

(Signed) A. B. Magistrate".

(5) Any statement (other than a confession) made under sub- section (1) shall be recorded in
such manner hereinafter provided for the recording of evidence as is, in the opinion of the
Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power
to administer oath to the person whose statement is so recorded.

(6) The Magistrate recording a confession or statement under this section shall forward it to
the Magistrate by whom the case is to be inquired into or tried.

Section 161 in The Code Of Criminal Procedure, 1973

161. Examination of witnesses by police.

(1) Any police officer making an investigation under this Chapter, or any police officer not
below such rank as the State Government may, by general or special order, prescribe in this
behalf, acting on the requisition of such officer, may examine orally any person supposed to
be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relating to such case put to him
by such officer, other than questions the answers to which would have a tendency to expose
him to a criminal charge or to a penalty or forfeiture.

(3) The police officer may reduce into writing any statement made to him in the course of an
examination under this section; and if he does so, he shall make a separate and true record of
the statement of each such person whose statement he records.

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FACTS
Vishal and Karishma were married on 11/12/17. Karishma went to her father’s house on
28/12/17 an intook poison on 08/01/18. At the time of incident Karishma, her father
Shivnarayan, mother Sunita and sister Aashu were present in the house. Karishma went to
bath on the second floor and when she did not arrived for a long time then Shivnarayan
sent Aashu to look for her. Aashu found her vomiting and was conscious.then she called her
family members Shivrayan took her in her arms. She was taken to Apple hospital by her
family members where she died. An FIR was lodged against her husband Vishal on 24/02/18
under section 498A and 304B of Indian Penal Code in Khudel police station. Investigation
was done and on 23/03/18 final report was presented by the police in the JMFC court of smt
Urmila Chouhan. Charge arguments were held and then chargesheet was decided for sections
498A and 304B. Vishal was alleged for asking fortuner car in dowry. The complinants said
that Vishal burnt her with cigrattes asking dowry. But no such signs were found on her body
in the post mortem neither any other signs were found on her body which showed that she
was subject to any kind of cruelity. Karishma’s cousin Vimal , Nirmal and Rajesh said in
their statements(section 164) that they took her to the hospital and on the way she told them
that she has intook poison because her husband was asking for a fortuner car and has asked
her not to come back from her parent’s home without the car. On the other hand her father
and mother said that her father Shivnarayan tookher to the hospital and she has said nothing
to him. In their statements the family members have clearly said that they have good terms
with Vishal’s family &There is no cultural of giving dowry in their society. Also the family
members have clearly said before this incident Karishma has never complaint of Vishal or his
family touturing her.

JUDGEMENT
Vishal was proved acquittal.

Three questions were raised for thinking for the disposal of the trial

 Whether after the marriage on 11/12/17 accused being the husband has ever tortured
her or behaved cruely demanding for dowry?
 Whether Karishma’s death on 08/01/18 was within 7 years of her marriage and not
in normal circumstances and whether that soon before her death she was subjected to
cruelty by the accused?
 Whether Karishma has commited suicide by intaking any poisonous substance? If yes
then whether accused has forced her to do so?

No evidences against Vishal neither any such evidences are presen from which Vishal could
be held quilty thus, he is proved accquital

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CASE :2
Geeta v/s Pawan
Section 9 in The Guardians and Wards Act, 1890
9. Court having jurisdiction to entertain application.—

(1) If the application is with respect to the guardianship of the person of the minor, it shall be
made to the District Court having jurisdiction in the place where the minor ordinarily resides.

(2) If the application is with respect to the guardianship of the property of the minor, it may
be made either to the District Court having jurisdiction in the place where the minor
ordinarily resides or to a District Court having jurisdiction in a place where he has property.

(3) If an application with respect to the guardianship of the property of a minor is made to a
District Court other than that having jurisdiction in the place where the minor ordinarily
resides, the Court may return the application if in its opinion the application would be
disposed of more justly or conveniently by any other District Court having jurisdiction.

Section 10 in The Guardians and Wards Act, 1890

10. Form of application.—

(1) If the application is not made by the Collector, it shall be by petition signed and verified
in manner prescribed by the Code of Civil Procedure, 1882 (14 of 1882)1, for the signing and
verification of a plaint, and stating, so far as can be ascertained,—

(a) the name, sex, religion, date of birth and ordinary residence of the minor;

(b) where the minor is a female, whether she is married and if so, the name and age of her
husband;

(c)the nature, situation and approximate value of the property, if any, of the minor;

(d) the name and residence of the person having the custody or possession of the person or
property of the minor;

(e) what near relations the minor has and where they reside;

(f)whether a guardian of the person or property or both, of the minor has been appointed by
any person entitled or claiming to be entitled by the law to which the minor is subject to make
such an appointment;

(g) whether an application has at any time been made to the Court or to any other Court with
respect to the guardianship of the person or property or both, of the minor and if so, when, to
what Court and with what result;

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(h) whether the application is for the appointment or declaration of a guardian of the person
of the minor, or of his property, or of both;

(i)where the application is to appoint a guardian, the qualifications of the proposed guardian;

(j) where the application is to declare a person to be a guardian, the grounds on which that
person claims;

(k) the causes which have led to the making of the application; and

(l)such other particulars, if any, as may be prescribed or as the nature of the application
renders it necessary to state.

(2) If the application is made by the Collector, it shall be by letter addressed to the Court and
forwarded by post or in such other manner as may be found convenient, and shall state as far
as possible the particulars mentioned in sub-section (1).

(3) The application must be accompanied by a declaration of the willingness of the proposed
guardian to act, and the declaration must be signed by him and attested by atleast two
witnesses.

Facts
The case was filed by Mrs Geeta Suri against her brother Pawan Suri and his wife Roma
Suri. The facts of the case are such that Prachiti Suri aged 14 years who was adopted
daughter of Pawan and Roma from machinery trust Indore was given to Geeta Suri because
Roma Suri gave birth to her own child so they were not able to take proper care of Prachiti
and from that date itself Prachiti is living with Geeta Suri in her house. Geeta is taking care of
her and maintaining her in all her education and various needs. Prachiti is studying in class 9
of Emarald Heights International School and is a very good basket ball player. She has got
chance to play internationally. For which her passport was required. When Geeta asked
Pawan and Roma to sign the documents because they are her legal parents both of them
refused to do so. So a case was filed in the court of law under section 7 and 10 of
Guardianship And Wards Act praying to the court to provide Prachiti’s custody to Geeta Suri.

The court decided and passed an interim order dated 24 /04/ 18 which stated considering
Geeta Suri signature as guardian in place of girl’s legal parents for issuing passport of
Prachiti Suri. After passing the order and when passport authority received it they refused to
do so by saying there is no clause in there passport manual allowing any other person
irrespective of the legal parents or guardian.

Later, the passport authority of Indore , Bhopal and Delhi were made parties to the plaint by
applying order 1 rule 10 of civil procedure code. The passport authorities were called in then
court of law by issuing summons asked to come and prove the reason for not issuing
passport. Mr Talwar from Delhi Passport Office came on 26 july 2018. And court directed
them to issue the passport.

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Judgement
The court directed the passport office to issue passport to Prachiti Suri and gave the authority
to Geeta Suri sign as legal guardian.

RESEARCH ON CHECK BOUNCE CASES

A cheque becomes a bounced cheque when, on being presented to the bank, it is returned by
the bank due to there being a defect in it. A cheque may bounce due to:

i. Insufficient funds

ii. The amount mentioned in the cheque exceeding the amount which has been arranged
to be drawn from the account by virtue of a prior arrangement.

LEGAL ACTION

The Negotiable Instruments Act, 1881 is applicable for the cases of dishonour of cheque.
This Act has been amended many times since 1881. According to Section 138 of the Act,
the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two
years or with monetary penalty or with both. If payee decides to proceed legally, then the
drawer should be given a chance of repaying the cheque amount immediately. Such a
chance has to be given only in the form of notice in writing.

The payee has to send the notice to the drawer within 30 days from the date of receiving
“Cheque Return Memo” from the bank. The notice should mention that the cheque amount
has to be paid to the payee within 15 days from the date of receipt of the notice by the
drawer. Its purpose is to demand payment and inform the issuer that he or she will be
prosecuted if payment is not made within 15 days.
However, the complaint should be registered in a magistrate’s court within a month of the
expiry of the notice period.

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After receiving the notice, if the drawer doesn't make the payment within 15 days from the
day of receiving the notice, then he commits an offence punishable under Section 138 of
the Negotiable Instruments Act.

It should contain the following information:

1. Statement that you presented the cheque within its period of validity.

2. Statement of debt or legally enforceable liability.

3. Information about the reason of dishonour of cheque (check the memo of the bank
returning the cheque for this).

4. Calling upon the drawer to pay the amount due.

Statement that you are giving the drawer 15 days to pay up or you will initiate legal
action.

Legally, certain conditions have to be fulfilled in order to use the provisions of

Section 138.
1. The cheque should have been drawn by the drawer on an account maintained by
him.
2. The cheque should have been returned or dishonoured because of insufficient funds
in the drawer's account.
3. The cheque is issued towards discharge of a debt or legal liability.
After receiving the notice, if the drawer doesn't make the payment within 15 days from the
day of receiving the notice, then he commits an offence punishable under Section 138 of
the Negotiable Instruments Act.
Punishment & penalty
On receiving the complaint, along with an affidavit and relevant paper trail, the court will
issue summons and hear the matter. If found guilty, the defaulter can be punished with
monetary penalty which may be twice the amount of the cheque or imprisonment for a
term which may be extended to two years or both. The bank also has the right to stop the
cheque book facility and close the account for repeat offences of bounced cheques.

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 SUMMARY

Summer internship was a great opportunity for me to get the nuances of law in
practical field. I did my internship under the guidance of District court advocate
Krishna Kumar Kalra. It was a great experience of working in the Indore
District court.

During the 4-week tenure of my internship I went through some case files and
also got the chance to witness a lot of hearings. The cross is my favrouite part in
a trail which could very easily turn the case. It was pleasure hearing Kalra sir
doing cross examination of witnesses.

Kalra sir used to give me case files of different cases. It was very interesting to
read the facts of the cases and arguments put forward in them. I read case files
related to dowry death, POCSO act, The Protection Of Women Against
Domestic Violence Act, Negotiable Instrument Act and many more which have
definitely helped me to increase my knowledge.

I got the valuable experience of sitting in different court rooms and hearing
experienced judges. It is an experience I will cherish throughout my life.
Summer internship had taught me a lot and all these learnings will definitely
help me in my future.

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 EXECUTIVE SUMMARY REPORT

This past summer I worked as an intern under the guidance of advocate

Krishna Kumar Kalra at the district court of Indore, M.P. My main aim for the
internship was to apply legal knowledge in practical environment. The
internship programme helped me to expose myself to the nuances of law in the
practical field.

A legal intern must experience the court environment, here it was experienced
in the district court, wherein it was observed how to file various documents and
attend some hearings and learn the practical aspect of law.

The report highlights some cases which I had gone through during my
internship period, which helped me in enhancing my legal knowledge. These
cases enhanced my knowledge on POCSO act, The Protection Of Women
Against Domestic Violence Act, Negotiable Instrument Act Indian Penal Code
and many more .

To sum up, it was a great field work, giving immense knowledge of how the
court works on daily basis how the proceedings take place in the court. The
internship is a great step for building a good career in law. It enhanced my
research skills, analytical thinking and decision making in the face of intricate
legal problems.

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