Advocate Ankit Sharma

Questions Answered by Advocate Ankit Sharma

Q: What to do if someone file police compliant

i am from mumbai, someone file police complaint against me in delhi ,for cheque bounce, my advocate visit police station give written what matter actually, when police contact who gave complaint he is not responding , now a days police told me come delhi and give me written in personally and they want interrogation so what to do? can i have to go delhi? or any other way.

Advocate Ankit Sharma answered
You have to attend matter at Delhi court and take bail. If you want to settle then you can transfer complete amount prior to date and appear before the court and file the transfer amount slip before the court informing that the amount is paid.

Q: liability of son in cheque bounce case against father after his death

my father had given a blank cheaque to one of his friend and he had field a case against him stating that he is payable 10lac amount to him and my father died in 2015 and case was field in 2009 can my dad friend recover amount from his son as his son was not aware of his dad business can you guide on this please

Advocate Ankit Sharma answered
unless until there is any admitted liability of the son towards the loan amount to be repaid by the son to the lender the Son wont be liable to be prosecuted under sec. 138 of Negotiable instrument ACT.

Q: Cheque issued against earlier RTGS made

So I trfd money to a person using RTGS for some consumer durable business this person was doing. He was supposed to deliver some items against this payment, but he defaulted. He offered me a cheque for refund of this money, but the cheque bounced. There is no legal agreement between us or any receipt from him that he was to deliver these items to me. Only proof is that the money was transferred from my account to his. Does this amount to legal debt? Can i file a case u/s 138 of NI and 420 of IPC?

Advocate Ankit Sharma answered
in this case you can file a complaint under section 138 r/w 141 of Negotiable instrument act. as you can show the payment made to the drawer of cheque and affirm about the misconduct of the drawer of the cheque, not having agreement to that effect will not bind you to seek relief under section 138 of Nigotiable Instrument Act.

Q: Wife asking for money and threatening to hit and abusing on phone

I and my wife are living separated from last one year. She has abusive nature n has bad behaviour against my mother. she has taken all jewelries before leaving home. She does not want to continue.So finally i approached for Mutual consent. Now just before starts proceedings she demands 10 lakhs rs.She has few belongings like her few cloths N wedding gift. she called me up one day.& asked for things. I refused with saying that as i don't trust her & will return her belongings in front of her parents or brother. then she threatens to hit me & abuse on phone. we have NC against each other. Now its one year she is not even contested for divorce.Please advise me on this

Advocate Ankit Sharma answered
in this case you can file a divorce case against her and issue summons to her and proceed with the matter in the mean time if matter settles and she gets ready for mutual consent divorce then you can immediately convert the said case to mutual consent divorce

Q: Waterproofing service not paying compensation for failed service

I recently made use of a waterproofing service at my apartment in Pune, which had water leakage from the apartment above mine. A waterproofing guy came and fixed the issue and handed me a bill of 28,000 rupees and gave me a 5-year warranty also. I did a round of painting, as the waterproofing guy assured me that all the leakage has been fixed. But within 2 months, the paint started to peel away in multiple areas. When I contacted the waterproofing guy to report this issue, he mentioned it is because of the water remaining inside the walls and that is causing the new paint to peel away. But he never mentioned this even once during or after the waterproofing work was done. There is no written instructions also regarding this precaution to be taken after the waterproofing work. I asked if he can compensate for his lapse, he said he cannot do anything. Please suggest what should be done in this case.

Advocate Ankit Sharma answered
If you have any written agreement or contract copy with you or any kind of documentation work with you must file a complaint before consumer form . Apart from this send them a legal notice to solve your problem.