Advocate Ashu Gupta

Questions Answered by Advocate Ashu Gupta

Q: If I don't know the exact address of drawer in cheque bounce case.

Can I file a cheque bounce case if drawer's give me the cheque that has only sign and amount. And the payee name and date is filled by me. 2What if I don't know the drawers exect address.

Advocate Ashu Gupta answered
what's the reason bank given for cheque bounce? It will be very useful for future course of action. Moreover the drawer has signed in personal account or some company account? The bank can very well tell you drawer address

Q: Visiting rights to children after wife leaves the husband

My son's wife left my son's house along with her belongings around 3 months back with two children aged 9 and 5. She works in delhi and has put her children in a school in bhatinda with her brother who is in the army. The wife is based in delhi and does not allow my son to visit the children. If we file case which courts have jurisdiction ?

Advocate Ashu Gupta answered
you can claim visiting rights under maintenance act if she asking for maintenance of kids & if you have case filed for custody. visitatation rights are granted by courts even after divorce. Consult some good lawyer to discuss in detail about your case.

Q: FIR and deposition before Magistrate

What is the provision regarding British National who wants to complaint against cheating and exploitation by Indian National Does he/she need to be present physically or 1. Can file FIR thru an advocate or known person?2. Can depose before magistrate by way of video conference or affadavit giving answers to questionire sent by court.

Advocate Ashu Gupta answered
You just need to give authority letter or sign vakalatnama to lawyer in India to be present on your behalf. Rest a lawyer can handle also I need to know what kind of cheating and exploitation you went through. whether it was monetary?

Q: i scammed someone for a card that was around $20. do i go to jail?

hello,this may sound really stupid but i scammed someone. we were trading these cards that were around $20. she sent hers but i didnt send mine. hers arrived at my house but i got caught for scamming. she says shes gonna report me to the police. am i going to jail? what will happen to me? i am terrified and i am under 18.

Advocate Ashu Gupta answered
No you wont be going to jail as the money involved is just $ 20 moreover you are less than 18 years so must be tried in juvinal court. may I know from which country are you? law may vary from country to country.

Q: Need GST for new business in Delhi While I have GST Registered in Biha

I have taken GST number before 2 years in Bihar for a mobile shop. But after taking I have to come to Delhi & my shop closed. I haven't filed any gst return. And today I am doing business in delhi & need gst for my delhi business. So what to do?

Advocate Ashu Gupta answered
Apply for Delhi GST separately and dissolve Bihar GST,if you have nothing to do in Bihar. However if you haven't filed GST return in Bihar better consult a Chartered Accountant who can advice you about the same and helps you in dissolving Bihar GST