Advocate Nilesh Vekaria

Questions Answered by Advocate Nilesh Vekaria

Q: Cheque given against settlement returenef

I had file 4 cases u/s138 against a party for 11.50 approx in the year 2012/13 after the case was taken for argument the accused requested for a settlement as I had received approx 5.00 lacs vide various mode from the accused in these year the amount which was pending was approx 7.00 lacs for which a mou was made mentioning the case nos all 4 for withdrawal for which the accused had given me cheque for Rs. 3.50 lacs of April 2020 and the copies of the mou was presented in the court while withdrawing the cases.Due to the lockdown I on humanitarian grounds did not deposit the cheque on the said date but deposited the same on 3/7/20 which was returened with the memo of drawer stopped the payment.Pl advise me for the further course of action by me.Can I file police complaint for differing the commitment, contempt of court settlement Pl advise ASAP

Advocate Nilesh Vekaria answered
first you have to read the condition of mou. then you have to give a legal notice to him with help of advocate. you can also file a police complain for cheating.after reading the mou you can file a complain in court.

Q: child visiting rights minor son of 6 years age - no divorce proceeding

Sir / MadamI and my wife lie separately for the past 5 years. I have not seen the kid since then due to some religious vow. Now that it is over, I need to have visiting rights, but my wife never responded. even mediators have tried to to talk to her to avoid any legal complications, but it was of no use. How can I get child visiting rights and we have never filed a divorce petition and I do not intend to do so. Under what law or sections I can get court granted visiting rights to my 6 year old son.thanksNagesh

Advocate Nilesh Vekaria answered
you can file a application under section 25 of Guardian a wards act for permanent custody of child. In this matter you have to file a application for interim custody or visiting right of child. then court can grant visiting right or interim custody.

Q: Default of Cheque bounce n friendly loan

I took 4 lacs advance from friends as I was in need. he gave me his credit cards for use, i was suppose to pay the credit card bill directly. they also charged me interest up to 5% for this friendly loan. I gave 3 cheque for security. We do not have any formal agreement.Due to increasing interest i failed to pay the credit card bill and 5% interest to my friend from last 3 month.Now, 1) he is threatening me to file police case for fraud. 2) he is threatening to file legal case under 138.(cheque yet not deposited) 3) I have left the city but they are threatening my family. 4) Currently my business is closed, so no source of income. Please advise me legal options available to me.

Advocate Nilesh Vekaria answered
first you give a letter to bank to stop payment of three cheque which was given to your friend. Then you can also file a police complain against your friend for taking huge interest without any license. and your family members also file a police complain against your friend .

Q: Bank fraud by employee amount 50k

One of my friend is under disciplinary procedure for bank fraud of Rs 50000 the amount has been recovered in full and is under suspension for past 9 months. The local police station has also been reported regarding the act in december 2018 as per the instruction of CVO. But till now he has not been called at police station for enquiry. My question is the bank will take action and him as dismissal or removal or what so ever is suitable. But will the police take action on their end as It has been reported. Does this crime leads to imprisonment if yes then is it bailable?

Advocate Nilesh Vekaria answered
first of all tell me that what police had reported. what thay do against your friend. if full amount has recovered then what bank has done at police station. thay withdraw their case or police file a summary report..?

Q: Daughter in low’s harassment to sas and sasur. Not loyal to her husban

How to file a case of harassment against daughter in low.

Advocate Nilesh Vekaria answered
first you write an application with which you alleged against your daughter in law. then also write which type of relief you want against your daughter in law. then you file this application before protection officer or court.