Advocate Ankit Khanna

Questions Answered by Advocate Ankit Khanna

Q: Cheque bounce case against me, can I ask for time to repay the amount

I started a pvt limited company but due to huge losses not able to run and closed operations. One of my cheque bounced and now court summon has come.I want to pay the person but need 2 months time.and want to avoid on going the date.Can I send the advocate and take a date further.

Advocate Ankit Khanna answered
Yes you can send your advocate but even you can also appear in the case need not worry and you can give your statement in the court that you will repay the alleged amount after a period of 2 months. Further more details are required.

Q: Landlord not refunding Security Deposit.How to recover it?

I had taken a premises in Delhi Cantonment area (New Delhi region) on rent to operate a coaching centre. I stayed in this property for about 2 years. There is a proper agreement signed with the landlord which was notarised. I vacated the premises on 28th Feb after serving a proper and due notice to the landlord. The landlord is holding 1 month's security deposit and is refusing to pay this money back inspite of repeated communication. The land lord is making one after the other demands all of which are unfair. After fulfilling most of his( and her) demands initially to avoid any unnecessary confrontation, and still not getting the money back, it has become clear that the land lord has no intention to pay back the security deposit. I now need to file a legal case to recover my legitimate money which the landlord is refusing to pay for 7 days now and shows shows no intention to pay . Kindly share the procedure including if it is mandatory to file a police case first.

Advocate Ankit Khanna answered
Yes you can file a criminal case against your landlord for criminal breach of trust if your landlord refused to return your money if it satisfy the condition of the section 406 ipc and you can also file a revovery suit and for further guidance you can contact me

Q: Opp party declared absconder by the court for non appearance,what next

i am petitioner. the other party has not been coming from last 4-5 appearing. she has been declared bhagoda.no further date has been given to us by court. kindly advise what would be the next course of action. thanks

Advocate Ankit Khanna answered
You may get the non bailable warrant issued against the accused and proceed with the case ex parte i.e one sided and the court may also declare hum as proclaimed offender for further assistance call me

Q: Can a mother object on father's visiting rights, if he is a criminal?

Hello, My sister is separated and is with us for the last 5yrs. She has two kids , her son is 6yrs old and daughter is 16yrs. Her husband has filled custody and restitution suit. I just want to know can we object to father's visiting rights if he is a criminal.

Advocate Ankit Khanna answered
Yes mother can object to the the father visiting rights if the father is a criminal and if father has negative impact upon the upbringing of the children & if he is influencing or instigating the children against their mother.

Q: False FIR lodged u/s 377&328; IPC against my son by his male friend

My son was living away from home and was traveling back on the day the FIR was lodged. The complainant says that he was sexually assaulted by my son under the influence of drugs. He also says that only on the day of the complaint he realised that he was continuously being assaulted since the past year under the influence of some drugs. MLC says insertion of penis cannot be ruled out. However no injury was reported on the private parts of my son. He was arrested and has now been granted bail.The registered FIR is baseless and the charges false. The evidence is in our favor. Can we appeal for quashing of FIR or the case itself. What is the way out?

Advocate Ankit Khanna answered
You can file a petition for quashing of FIR u/482 crpc in the high court and you can also move an application seeking discharge if all the evidences are in your favour. Whatever is stated by you is matter of trial. You can call me for further advice