Advocate Devvrat Singh Raghav

Questions Answered by Advocate Devvrat Singh Raghav

Q: Cheque received from an individual has bounced

Sir I had received a cheque of Rs 10000 that had bounced due to the insufficiency of funds. The drawer of the cheque is not giving the money despite asking several times after this cheque bounce scene Sir what should I do now to recover my money.

Advocate Devvrat Singh Raghav answered
You need to get a legal notice drafted regarding the payment of the bounced cheque from your lawyer. Please ensure that the bank memo stating 'insufficient funds' is kept safely as the same has to be presented before the court. In a case of cheque bouncing under Sec. 138 of the Negotiable Instruments Act a strict timeline has to be observed, therefore it is recommended that you contact a lawyer dealing with such cases urgently.

Q: Can arbitration and cheque bounce case file at similar time

Can the finance company file a cheque bounce case and arbitration at the same time?

Advocate Devvrat Singh Raghav answered
Yes, both the proceedings can be initiated at the same time. Both arbitration proceedings and proceedings under negotiable instruments act are separate remedies and can be availed to recover the pending amount/ loan.

Q: Wife filled false cases against family, what to do

wife ne muj par mata pita bhai par section 498 A, 323, 304, 506, 314 mai case darj kraa rakha h, jisme lucknow thane se section 41 A ka notice humko mil gya h, bich mai mediation period mai wife ne humara sath nhi diya aur mediation fail ho gya tha, pura case jutha h jiska virudh humaare pass documental sabot bhi h. hum rajasthan se h, saadi intercast hui thi jisme ladki uchch jaatis se aur hm schedule cast se h.dahej ka koi lenden nhi hua ladki ne apni aur se mere naam aur address par usne online se manwaya tha. query: 1) ladki ko case rajasthan mai darj karana tha lekin lucknow m karaya to case jurisdiction area kahaa ka hona chahiye tha, yadi galat h to kaise challenge karen? 2) FIR kaise quash hogi? 3) samaan uske dwara maangne par lautaane chahiye yaa nhi, to kaise lautayen. 4)maa baap old h aur Bhai uski bataai gai samay mai videsh tha. to inke FIR se naam latwane ki koi vidhi hai? 5) kya hume koi arresting ka koi khatraa to nhi h?

Advocate Devvrat Singh Raghav answered
This is the query wise reply:1. Female can file the case at the place of her paternal home. You can try to challenge it in the court if you can prove the address wrong.2. You can visit the police station and the name of your family members may be removed by the concerned officer after laisining. 3. Stridhan, if any, can be returned but take written proof in form of NOC.4. Once settlement is done with the police then you can apply for anticipatory bail.

Q: In Laws are mentally torturing me, what legal action can i take

I share a good relation with my husband but my in laws are troubling me mentally very much in the name of culture and Ghunghat. My father in law shouts at me every other day n keeps me in ghunghat I can't move in house either only stay in room all time coz of ghunghat.he sits in kitchen several times a day so can't enter kitchen also..I am very suppressed I started to get panic attacks and I took treatment for the same in my parents house .last year they put camera in house to watch me .is there any action I can take against them.

Advocate Devvrat Singh Raghav answered
You can discuss it with your husband and if still no solution can be reached then you can file a complaint against your in laws alleging cruelty and harassment. You have remedy under DV act as well as Sec. 498A of IPC.

Q: friend borrowed money won't pay back, what to do

Hi I am  from Jaipur (Rajasthan) I have transfer funds from my bank account to my friend's bank account for his need. but now he always said that he will pay soon, but till now he didn't pay a single rupee. He is a director of Event company. I gave money for his show on 15 July 2017. I don't have any other document like cheque or any agreement instead of bank statement for this transfer. Three days back I lodge a FIR against him, but the sub inspector said he could not do anything in this case. please help me, how can i get my money back from him.

Advocate Devvrat Singh Raghav answered
How was the money transferred? If it was directly in his bank account through your's then there will be a proof of money transfer and impending liability. In such a situation a recovery suit can be filed against him.