Advocate Ashish Bansal

Questions Answered by Advocate Ashish Bansal

Q: Gave 5 lc loan to friend he issued me cheque and it bounced what to do

i give Loan Rs 500000 to my friend & he issue me a cheque....& cheque is bounce... nw i want to go for legal.....i want to know for legal action i am liable to show my money source.....

Advocate Ashish Bansal answered
Hello, As per the information given you can file a case u/s 138 NI act against your friend before the appropriate court having jurisdiction. Procedure for filing case u/s 138 NI Act.-Send a legal notice from a lawyer within 30 days from the date of cheque bounce-Now You can file a complaint u/s 138 NI Act after the expiry of 15 days from the date of receiving of legal notice, till 30 days beyond which it will be barred by limitation.For any other information, you can contact me.Thanks

Q: Procedure to file mutual consent divorce

I got married in Feb - 2015. After marriage my in laws were not happy with the wedding arrangements and other stuffs done by my father. They always raised the issues and tried to tortured me mentally. My inlaws told me to leave the house when i had an argument with them. Also my husband had used abusive language for my Brother and father. I tried my level best to save this marriage but they are insensitive. They dont have any feelings for their daughter in law. They just need money. As per my mother in Law ... Bahu is only to do Household activities and to satisfy her son. Although they are very educated but has a cheap mentality. One day they misbehaved and tortured me mentally , in fact my husband tortured me physically ..so i decided to end the relationship. I left their home in Dec - 2015 and staying with my parents. My inlaws spoke to my father last year and they are ready for MCD. Only i can understand the real pain and hurt..but i should move forward and end this relation

Advocate Ashish Bansal answered
Dear Mam,As per the facts provided by you, you can easily file a mutual divorce.Mutual divorce can be filed in concerned Family court and it will take atleast 6-7 months. First motion will be granted once you filed the mutual divorce and court will give you a six month period to both of you to rethink on the decision and still if both of you doesnt wants to stay together then secound motion can be filed and you will get the divorce.

Q: Procedure of Mutual divorce

Hi, My wife and I, both, want to divorce each other. Please answer following questions: Do both of us have to live separately for one year before applying for petition for divorce on mutual consent? What is the definition of STRIDHAN ? I did not take dowry neither in cash nor in kind. Her father gave some jewellery, which I will return to her as per order by court. She says she will not demand any maintenace and alimony. Do I still have to pay maintenance amount and alimony ?

Advocate Ashish Bansal answered
Hi,You can go for mutual divorce if both the spouses are ready for the same under Hindu Marriage Act and your case is fit for that.Suggestions to your queries: You can go for Mutual divorce and if your wife is ready then its not mandatory to pay the alimony

Q: What is the procedure for cheque bounce.

I received a cheque from house owner who stays in bangalore. The cheque is submitted in hyderabad and got bounced. The cheque is worth around 4800/-. 1. Can I send legal notice from vizag and file a case in Hyderabad ? 2. I have been calling him on his number, but he is not picking. I can guarantee you the number is active and being used by him (as he msg in whatsapp group daily) 3. The house owner has many flats. So, in rental agreement he mentioned his address as one of those flats. But, he gave that flat for rent. He is not staying there. Can I send notice to that flat (which he mentioned in rental agreement). If not, what are the alternatives ? 4. The lawyer is asking 2000/- for notice and 30000/- for case. And my friends are saying it is not worth considering the costs, delay in court proceedings and verdict. I couldn't decide on what to do. Please suggest. Please provide some alternatives legal or non-legal to collect my money.

Advocate Ashish Bansal answered
Hi,As per the information provided by you, you have two remedy to recover the said amount:First is by filing criminal complaint case u/s 138 NI Act and second is you can file a civil suit for recovery of the said amount. Note: Both remedies have limitation and must be filed in limitation period. Thanks.

Q: Procedure for Cheque Bounce in case there is no photocopy of cheque

Sir, meri salary k do cheque bounce ho gaye hai . Ab mere pass vo cheque ya usaki photocopy nhi hai . Lekin bank statement hai . Kya koi karywahi ho Sakti hai .ya meri salary mil Sakti hai.

Advocate Ashish Bansal answered
Dear Sir,As per the infromation provided, you have two options. First, you can file a criminal case under section 138 NI Act but in your case you have lost the original cheque which is mandatory for filing the case.So secound thing you can do is, you can file a suit for recovery of you salary alongwith intrest from your employer.For any more information, please feel free to contact me.Thanks