Advocate Abhinit Das

Questions Answered by Advocate Abhinit Das

Q: Is cheque bounce applicable in case of account attached for recovery

My question is whether section 138 under negotiable instrument will be applicable if cheque is bounced because the other parties's account is attached by govt authority for recovery?

Advocate Abhinit Das answered
Sir, Definitely, a case may be initiated. The other party should have replaced the cheque with a fresh one, as there must have existed a liability to pay to you. When a cheque is dishonoured, there is at least a presumption that there existed a liability. Abhinit

Q: Refusal to pay for services rendered at the end of the agreement

Worked with a senior representative of a reputed brand offering some digital marketing services clearly called out goals and results in the proposal. However, after the end of agreement, client has refused to pay. No advance was given under the pretext of company policy.

Advocate Abhinit Das answered
Sir, It is advisable to file a suit for recovery. Damages for the breach of contract may be seen. We will have to see the exact terms of the agreement and the amount involved. Moreover, one may file a criminal complaint stating the intention since the very inception was never to pay. Abhinit

Q: Harassment by bank people for non payment of loan amount

When I taken that loan I was in good financial position. But right now I have no job, For Loan repayments I sold all my assets like LIC, MUTUAL FUND, ICICI PRU ETC. and also take cash loan from neighbors. Now I am in very tight position, I have also bank Account in HDFC BANK (05031530001972) they have all records and they know my position very well now . The problem is that they started calling many time in a day on my mobile no 9968230360 and say that we are from HDFC Bank calling for recovery I told them clearly my problem that ( I have no job since 2 year 6 months I tried but I could not get.) but they don’t listen and call again and again, I told them many time that “I will pay when I will get job ” now I stopped picking phone . I am even afraid to receive a job related call also because of fear of them. Now they come every day at my home at any time and also started disturbing my family, My younger brother wife remain is alone in house she is totally feared by them bec

Advocate Abhinit Das answered
Sir, The bank cannot call at odd hours. Fair Practices Code issued by the Reserve Bank of India has to be followed in letter and spirit. The bank can take steps permissible under law. The rest can be addressed seeing the loan amount, what to file in a Court of law, where to file, purpose of loan etc. Abhinit

Q: How can my ex- wife claim maintenance after mutual consent divorce ?

I had taken a mutual consent divorce and decree in the family court,I had paid 10 lakhs for full and final settlement,and there by removing the 498crpc,D.V act. The petition was filed u/ or.23 R.3 CPC.both parties agreed that they would not file any case either civil or criminal against each other.but now she has filed a case on maintenance.what are the best answer by me to get judgement in my favour,plz help me out.

Advocate Abhinit Das answered
Sir, Before answering this query, it is important to see the terms of settlement and the subsequent proceedings. A right, if it has accrued, may be waived by the consent of parties. The rest can be discussed when we meet. Abhinit Das, Advocate

Q: Friend filed false recovery case against me

dear actully my freind take the money from some one and in agreement they have my signature and cheaques but i donot take any money from them now they claim their money. me fass gya plz meri help kro me kya karu.

Advocate Abhinit Das answered
Sir, First of all, we should now how the signatures were obtained and more importantly, the cheques, and that that too signed. How much is the cheque amount? Lodge a complaint with the police to this effect. There are other queries, and the rest when we meet. Only then, your defences can be made. Abhinit