Advocate Anjali Rajput

Questions Answered by Advocate Anjali Rajput

Q: Is there a need to file a recovery suit along with a 138 case

I have filled a case u/s 138 of NIA. Should I have to file a suit for recovery too because case u/s 138 is to punish the accused and not to recover the dues.

Advocate Anjali Rajput answered
Even if you file a suit for recovery you may not be able to punish the accused. Suit for recovery is also for recovery of money due and proceedings are civil in nature. At max you can claim interest upon the amount due. Only if u have a really strong case that the debtor has cheated you or misappropriate your finds you can not initiate criminal proceedings against him.

Q: Harassment by a woman police officer

I am looking fir help here plz help me i am a 28 year old woman there was some incident happened at my store on 11 aug 2017 where police got involved a day later they called me up to police station i went there but ask me to finish the case outside and meet personally to the other party i waited for their calls no one turned up at that time i was told fir was not registered officially the lady with i had a fight was a police officer herself threatening me that i wont let you live peacefully now.. now its been more than a month they came to me on 16 sep 2017 told me that fir has been registered that time i was out of town so i came now u have to come to police station on Monday for investigation i said okay i will come next day again the same office came up asking me for evidences which i have saved was threatening me that i can come along warrant and arrest u people ..i have no clue what to b done now plz help ?

Advocate Anjali Rajput answered
Hihi this is the harassment. kindely reach out to the senior police officors along with the original complaint and another written complaint against the officer.Thereafter approach the court in case you want to lodge the FIR of the first incident U/S 156(3)so consult a good lawyer to explain you the correct procedureyou can also move to state commission of women in your area and make complaint against the Lady Officer. Feel free to contact for further information/query.Thanks & Regards

Q: No action by police After FIR lodged for theft of mobile phones.

There is theft incident was happen at my home. Only mobile phones was stolen by thieve. FIR was lodge but still no action has been taken by police. What should I do ?

Advocate Anjali Rajput answered
HIYou can move application u/s 156(2) cr.P.C to request court to compel police to either file status report or final report. either case the police will have to answer to the court about the status of your case..Feel free to contact for further information/query.Thanks & Regards

Q: Friend not giving money back with interest how to proceed now by law

i gave sm money to some one on interest basis for one year. he deposited blank cheque as a security. but now he has not given interest from last 9 months. just paid first 3 months. now he says my condition is not good i cant pay now. i will give u later whn possible. i cooperate a lot. but now not possible for me. wht can i do best without any court case. any other way or option from i can get my money back.or single option court...please suggest earliest. 

Advocate Anjali Rajput answered
Hiyou sir have 2 options.1.. you can deposit the cheque and the when gets dishonoured you an initiate 138 NI act proceedings.2. you can file recovery suit u/o 37 CPC that is possible when you have some written communication wherein he has admitted his liability towards you.Feel free to contact for further information/query.Thanks & Regards

Q: What to do when website developer is trying to extort more money?

I had paid my website developer in cash to make my website. i do not have any bills/invoice or any signed contract. i have audio recordings of our conversation and a quotation given to me by him stating that the hosting charge of my website is rs. 3000 per annum. now he is giving me trouble by charging me more and saying that after gst the hosting charges are 7000. please help

Advocate Anjali Rajput answered
Hi do u have any form of written or any communication in written form.if you dont hve anything then you can change the developer. or send a legal notice asking him to release all rights over ur website. and then you can hire another developer.Feel free to contact for further information/query.Thanks & Regards