Advocate Arvind Tripathi

Questions Answered by Advocate Arvind Tripathi

Q: Can 376 fir quashed if we have live in relation proof in which we are

I am a central employee. A married woman living in my neighborhood and her husband became friends. I also had a relationship with that woman. Meanwhile, I gave Rs 2 lakh in cash to her husband. After some time when I asked for the money back, he threatened me that if I ask for the money back, I will get a case written. But before writing his case, I got a case of 156(3) done against him through the court. Later, there was some such situation that the woman filed a divorce case against her husband, due to which I had to live with the woman whose I lived as husband and wife in the rent agreement. In the end, he got a case of 376 written against me, due to which I have been in jail for 5 months. But till now she is not divorced with her husband. can the fir of 376 against me be canceled

Advocate Arvind Tripathi answered
off course it appears you have a case off live in relation evident on the face of record of the alleged agreement deed which isone of the best piece of evidence you are guilty of rape . a part of it it is also relevant wurth considerable death she is a married wife a married lady and has filed vacation badaima it is also Apparent on the face of record diet you are behind the bar last Aayushman in the given circumstances you are advised for bail first and thereafter quashing of the FIR aur 4 c charge sheet incase filed

Q: Summon for witness to attend court on 29 sep 21

Sir I have received summon to present in court as witness in a theft case happened in2013 . Sir I am away from home town can I have options to not to go to court

Advocate Arvind Tripathi answered
I have gone through your matter that you are in a situation not to attend the court on the given date for the bonafide reason of distance . in the circumstances you have two options 1 you can challenge the summoning order before enable High Court of judicature at Allahabad didi Ne period of 30 days from the date of information of the order , incase you dim the something order to be invalid . 2 you may approach the learnt Court below with actual circumstance not permitting you to attend the court for the reason of inconvenience despite your best effort before the date fixed in the matter .

Q: Bank cheated me by renewing loan beyond my business capacity/situation

My nationalized bank kept granting / renewing my CC loan limits, even after knowing the poor financial position of my business. Now I am asking the bank to reconcile the loans, as I had to bear excess finance cost because of the renewals. I kept servicing the account somehow, to keep it 'standard' asset, but eventually it has slipped into NPA status as I could not bear unfair finance costs anymore. The bank did not reduce my limit when my business started shrinking & went into losses. I feel the bank has done fraud on me, by not providing me correct banking services as per my business capacity and situation. Can an FIR be lodged against the erring bank officials for such an act ? If yes, how to proceed in the matter ? What other alternatives do I have ?

Advocate Arvind Tripathi answered
The primary point of analysis here would be, whether you knew about the processes and amendments undertaken by the bank or not. What was your role in making them renew your CC limit.In case you were kept in gray area and whether the bank played any role making your company NPA, you can lodge an FIR . You can challenge the process in court of law and even can ask to grant some reasonable time to payback or wave off the loan.