Advocate Rohan Garg

Questions Answered by Advocate Rohan Garg

Q: Is making phishing page crime ?

I made a phishing page but I am not using it. I made it for some other person. Am I also liable for any crime or punishment.

Advocate Rohan Garg answered
Yes, it will attract provisions of IT Act and make you liable along with the person who engaged you for crating one. You may share more details in a private consultation to seek a more elaborated answer to the issue.

Q: My husband is not living with me

My husband is not living with me. He abandoned me and he also had engagement with another girl. Now he wants divorce from me. But I want to save my marriage. What can I do.

Advocate Rohan Garg answered
If you want to save marriage then you need to file an application in court seeking restitution of conjugal rights, which means that the court will ask him why he does not want to stay with you. He cannot get engaged to another woman while he is married to you. This is illegal and he can prosecuted for this.

Q: Can a proclaimed offender depose an affidavit

I wanted to know that can a proclaimed offender depose an affidavit before any court? Is there any provision that specifically mentions that?

Advocate Rohan Garg answered
If he deposes an affidavit then of course he must appear before the court that has declared him a proclaimed offender. Accused cannot not appear before a court and file affidavits at the same time. I have to see the case file to give a more specific answer in case needed.

Q: Proceedings under prevention of food adulteration how to proceed

How does the court compel appearance of a company? whether a court can proceed ex-parte against a company? How does the court declare a company as fictitious legal entity?

Advocate Rohan Garg answered
Sir, company is asked to enter appearance through company's authorized represenative. The company has to authorize someone and execute a board resolution. If no one appears for the company on multiple ocassions then the court can proceed ex parte against the company. Whether the company is fictitious or not can also be verified from ROC records.

Q: A person doing fraud on the name of giving visa for hongkong

I came into a contact with a person who has given ad on Quikr website that he will provide Hongkong Kong Job visa and and he took Rs 30000 in advance for flight booking and other arrangements. He is posting ad in the name of Honey but his actual name is Harmanjit Singh. But soon after receiving money he switched off his mobile. However I had made recordings of his all conversations, Driving License of Amritsar, saved all his whatsapp messages, bank account number in which I had transferred money. He also provided his address in noida which was fake. I contacted Quikr team also & their legal team are ready to assist me in every way. I know how to lodge a complain both to Delhi and Punjab police. He is cheating and doing fraud on very big scale. My friend Vignesh from whom also took Rs 30000 and targeting innocent people from different states. He told that presently he had 22 people for Visa. What is the way of getting this man caught, punishment and I receive my compensation from him?

Advocate Rohan Garg answered
Sir,You will have to lodge a formal written complaint with the police narrating the whole story. In an alternative, you can also file a criminal complaint against him the Court but since you do not know his whereabouts, it will be difficult to serve court summons on him. Therefore, the better approach is to file a police complaint and get a FIR registered. Thereafter, the police will commence investigation in which his whereabouts may be revealed and then things can proceed against him.