Advocate Amish Meghani

Questions Answered by Advocate Amish Meghani (25+ answers)

Q: Bank taking possession of flat were builder defaulted. Bank diverted f

We Had Purchased a flat from Mrs. Shweta in 2020 . And Shweta Has purchased this flat from Builder in 2017. \nBank is now taking possession for Builders defaul. We have approached Builders bank who told us that the sales proceeds of the flat was not received in account as mentioned by bank in NOC. I have retrieved Demand Draft through which payment was made to bank. The Demand Draft was issued in favour term loan account but builders bank diverted funds to Builders current account.

Advocate Amish Meghani answered
as per transfer of property act the sale transaction is completed then also Builder is refusing and creating mischief then file criminal complaint under IPC sec 406, 425, 503,420,.as he has received payment and the property has clear and marketable title.

Q: I have given cheques to my friends and they are bounced

Can I pay the cheques amount in installment if case of cheques bounce filed against me

Advocate Amish Meghani answered
Yes you can pay in installments,the cheque you have issued depends on nature of transaction according to section 138 of NI act ,whether your case comes under 138 of NI act or not you please share full details.

Q: Tortured by a muslim woman who made false promise to marry me

I was in love with a married muslim woman and she traped me in love and made false promise to marry me but when her husband came she refused but she used my emotions and feelings and now I am in depression and suicidal tendency \nShe is giving me threat if I tell anything about our relationship to her husband she will file false case against me \nWhat should I do please help

Advocate Amish Meghani answered
.if she still following you or blackmailing then immediately contact nearest police station and file criminal complaint under section 503,306 ,294,309 IPC against her and say in details to police officer about her intentions.

Q: mental harassment and finantial lie by in laws and husband

I am a house wife who had love marriage just six months ago. my in laws are creating issues in my married life and verbally/mentally abusing me everyday also my husband lied about job and being financially dependent on parents leading to more poor behaviour towards me. What can i do to stop them from harrassing me?

Advocate Amish Meghani answered
file a criminal case for domestic violence before the Majistrate and 498A under IPC for cruelty and violence by husband and his family members or relatives and also file divorce case in family court.

Q: Revision under section 397 of CrPC

Suppose an intermediate order against which a criminal revision is preferred under section 397 of CrPC then what would be the status of matter continuing before the lower court? Whether it would be stalled or it will continue in parallel? Is there any judgement to support the same

Advocate Amish Meghani answered
under section 397(2) of Crpc the criminal revision cannot be exercised as it is not final order neither it's affect the rights of parties . Criminal revision petition is filed in case of decree or judgement passed by lower courts where there is error or rectification is necessary .