Advocate Amol Subhash Chakotkar

Questions Answered by Advocate Amol Subhash Chakotkar

Q: Ex - boyfriend Harassment ( my ex is forcing me to sleep with him)

I broke up with my ex 2yrs back. I used to work in different city and he was also in same city after yr n half we started talking n met twice to discuss abt our then partners. Then i came back to my home town as i am suffering from anxiety and depression. He also came back after a month. He msged me , we started talking casually but things got heated up and in the heat of the moment we exchanged pics. We then later decided to meet in private but i realised that i was doing i said no i wont come to meet u i dont want this. Then he started abusing me verbally and was threatening me that he will everything to my parents. But i told everything to my parents already. Now i dont have any form contact with him but he tried twice to call me from some other number is forcing me to unblock him so that i can talk to him. 2 days back he came to my house unannounced to scare me or threaten me that he will tell everything to my parents. My dad has suffered from cardiac arrest. Wat should i do?

Advocate Amol Subhash Chakotkar answered
No need to worry.As from your story it is clear that he wont stop harrasing you and since you want to move on so i suggest you to take strong action against him by lodging FIR to the police authority to avoid any future unwarranted incedent and let the police handle it.

Q: cheque bounce case. warrant issued against me. Wil police arrest me

hii. i m from kurukshetra (Haryana) n my case is going on in Nagpur. a bailable warrnt is issued against me. will police arrest me or take to tha police station. what will i do ? How can i avoid police to not to come at my residence.

Advocate Amol Subhash Chakotkar answered
Whether you appoint any counsel at nagpur in your case ?.if warrant is issuesd to you the police may take to the court where your case is going on. You need to appoint counsel in your case to defend you and exempt your precence by filling appropriate aplication to avoid issuance of warrant.

Q: Gave money to a party want to recover the money

Dear sir I have given credit to party and amanut is one lack forty thausand and thay have not given cheque so plz suggest how can give me my money back

Advocate Amol Subhash Chakotkar answered
Since you have not recived a cheque from the debtor hence you cannot file complaint under section 138 of negotiable instrument act. But you can still file a money recovery suit before the civil court

Q: Money Recovery from Absconding Person

I gave a loan of 3.5 lakhs to my office colleague. There is no paperwork for this transaction apart from my bank statement. I had transferred money from my account to his account. He was a good friend and we worked together for 4 years in the same office. I took a loan from a bank to give him this money and he promised to pay me EMI's every month. Apart from this, I'm also a guarantee for a separate personal loan of 5 lakhs that he took on his own name. This person is now absconding. His family has filed a Missing complaint in police station. What should I do in order to recover the money? The police say they cannot file any Fraud complaint from me as this is a Civil Matter and I had given him money in good faith.

Advocate Amol Subhash Chakotkar answered
you need to file recovery suit in civil court... So far as lodging complaint of fraud the police authority has rightly said that it is a civil dispute hence better you file money recovery suit in the civil court.

Q: Whether employee is entitled to receive bonus during full settlement

The company I was working with declared one month bonus. All staff were paid one month bonus since I was leaving, I was not paid saying it would be included in the final settlement. In the final settlement I was paid only one basic salary. Can the employer do this? Am I not entitled to full one salary like all the other staff. In fact I am also eligible for this year's bonus for the months of service put in that is 01-04-2017 to 28-10-2017. Kindly let me know if I am correct.

Advocate Amol Subhash Chakotkar answered
Yes if your earning up to the wage threshold of INR 21,000 and if you have worked in the establishment for not less than 30 working days in that financial year then you definitely eligible to receive this bonus.