Advocate Kirti Thakur

Questions Answered by Advocate Kirti Thakur

Q: Recovery of amount bounced cheque after death of accused

Is possible recovery of amount as mentioned in bounced cheque after death of accused person if proceeding is pending in the court or in case of surrender also?

Advocate Kirti Thakur answered
you can not recover the cheque amount by filling criminal complaint Under section 138 of NI act because criminal lability can not be sift to another person. But you can file a Recovery suit for the money mentioned in cheque from legal heir of person who issue cheque. You can use cheque as a documentary evidence.

Q: How to deal with allegations under posco

My father a school principal aged 57 years have been falsely accused in a sexual harrasement case . A girl aged 17 years has accused him of touching her hand and cheeks while he gave her lift in car. It was preplanned so mob also gathered within 5 minutes. Now session court has rejected his bail plea, how do we get bail for him now. Kindly suggest and save an innocent man and his family. Thanks in advance.

Advocate Kirti Thakur answered
The fundamental principles of bail in bail not jail. But the bail is discretionary matter of cout, but there are so many judgement of high court and supreme Court, in those judgement appex court grant bail to yhe accused if he is ready to satisfy the court conditions mentioned under section 437 of cr pc. If the lower court rejected your bail application then you should approach to higher court. If you need any judgement on bail then call me or mail me.

Q: Ho to file suit for cheque bounce case

Company issued me a cheque of Rs 53000/- on dated 25/11/2016.I represent it to the bank on dated 30/11/201, but due to stop payment by the company, the cheque was bounced. I gave no notice to the company till date. Can i put up case against him in court now for the cheque bouncing.

Advocate Kirti Thakur answered
Yes, you can file a case u/s 138 of negotiable instrument act in the court. But you can file a case within 1 month after waiting for 15 dayes time for payment given by you to accused company. During filing a case you have to be sure that who is the managing director of company at the time of filing complaint u/s 138 of negotiable instrument act. For more information plz call or mail me.