Advocate Dayanand Patil

Questions Answered by Advocate Dayanand Patil

Q: false 498a chargesheet filed on myself and family. what to do.

Hi the police have filed the chargesheet, i came to know after looking into my fir status, the date is on 11 august, it says both first hearing and next hearing on same date. Still dint get the summons, me and my parents are accused, can i got to the court on 11 even if i dont recieve summons. can i ask exemption for my old parents

Advocate Dayanand Patil answered
No need to attend the case if summons are not received from the court. You can ask for exemption of your old parents by moving a petition if the summons are received in future. You can also file a quash petition before the Hon'ble High Court.

Q: How long does it take for bail petition to be heard in session court

My brother in law is wrongly framed under section 370a,3,5,7and 9 of pita .he has applied for bail in sessions court last monday .however it has not come for hearing? Its more than 10 days since he is underdetention.what are the chances of getting bail? How long does it take for bail petition to come for hearing in session court ? Is there any alternative to avoid unnecessary detention?

Advocate Dayanand Patil answered
If you mean to say Under detention is police custody then you need to file regular bail before the concerned court. Generally such cases are moved before the magistrate of first class. If you means to say that it is an anticipatory bail, it takes one week to 10 days. But you did not mentioned whether it is regular bail or anticipatory bail.

Q: Can cheques given as friendly loan be used in a cheque bounce case

I and my best friend had a business together but it went into losses.My friend told that he wants to study further and he also had some debts.So My friend asked me to give cheques of 30k for 36 months for studying purpose.i don't owe anything to him but as a gift and for studying purpose I gave him the cheques. If now I can't pay anything bcoz of the differences can he file cheque bounce case against me everything.?

Advocate Dayanand Patil answered
Nothing can prevent your friend to file cheque bounce case. Because once the cheque is issued it is deemed to be issued for legal liability, un till and unless your friend accepts that the cheque was issued for the purpose of his education.

Q: What is the procedure to file a non cognizable complaint

Hi, I would like to know the documents n process to file non cognizable complaint in Indian police station. Thanks

Advocate Dayanand Patil answered
Hi, The procedure to file non cognizable case before any police station requires material evidence to prove your case prima facie. If you intend to file case relying upon documents, in such event you need to furnish copies of such documents along with your written complaint at the relevant police station. Up on receiving your complaint, the police will issue an FIR and thereafter notice to the accuse. Note : In non cognizable cases police cannot directly arrest the accuse.