Advocate Ashutosh Mishra

Questions Answered by Advocate Ashutosh Mishra

Q: Cheque bounced on the ground of deactivation of account

Hi,I have a taken a loan from a Non banking financial organisation in 2015. Initially they used to deduct EMI from my ICICI Bank account but after 2-3 months I changed the bank account to Bank of Baroda and informed the financial organistion to deduct emi from Bank of Baroda account. From August 2015 to October 2017 they continued charging EMI from Bank of Baroda account. However in November 2017 they sent a request for EMI deduction or presented ECS to my old bank account ICICI Bank. Since I closed my account with them in 2015 only the ECS was rejected and the financial organisation issued a CHEQUE BOUNCE NOTICE against me. Query :- Can I take any legal action against this non financial organisation for sending me legal notice for a wrong reason or can this be covered under forgery or defamation. Its the fault of financial organisation to present cheque incorrectly to an account which was closed 2 yrs back and they were informed of the same and also from which they themselves were n

Advocate Ashutosh Mishra answered
Yes...You can go legally by sending the bank a Reply on a way of legal notice..mentioning all the detail that u r describing in your question..if then also they take action ..you can take a legal action against bank..court will favour u if u have all the details against ur defence.

Q: Mjhe Ex Boyfriend Badnaam Kar Raha Hai Uske Liye Help Chahiye

Mjhe mera ex boy friend badnam kar raha hai uske liye mjhe kya karna chahiye plz mjhe bataye usne mjhe hmre area me badnam kar raha hai ke mene uske sath physical relation hai aur wo mjhe dar hai wo mjhe black mail kar skta hai uske sb friends mjhe badnam kar rahe hai aur mere bare me pata nhi kya2 jhut bol rahe hai plz mjhe bataye me uske against kya kar skti hu

Advocate Ashutosh Mishra answered
You dont neec to worry now because you can teach him a strict lesson by way of police and court. Now law is also vry strict towards girls/ women prblm. So first gve a complaint in ur nearest police station n said police to registered ur FIR n also take help ur lawyer. They will never do this again. Take action dnt afraid ok

Q: Caught in drunk driving case in delhi Should I opt for lok adalat

I was caught driving drunk in delhi on 16th of july,2017. Alcohol limit was 126mg. The confiscated my driving License and R.C. of my car. It is my first offence. In court I was told that I will have to serve 1-6 months of jail and a fine. My lawyer advised me to plead not guilty take bail and we will get this resolved in Lok Adaalat where you will have to pay fine only. I know nothing about court procedures. Is that a wise decision. I was drunk and i know that, I am guilty for my offence but i dont want to face jail. I was ready to pay the fine in court. Kindly suggest if i should go for Lok Adaalat? Should i stretch this case? How much time will this take to settle in Lok Adalat?

Advocate Ashutosh Mishra answered
Yes , it's a good decision to choose lok adalat , lok adalat for this case is best, u will only face the fine. Your lawyer advise is correct. You will not face jail , will have to give only fine so its a best decision.

Q: Recovery of money without any paper evidence

I bought a property from a relative. No paper work for the same as same was based on trust. We paid 10 lakh out of 50 lakh by cheque. The budiler then started going back on his promises and the deal is off. He is not paying back the money claiming that he will pay only when he sells his property to someone else. What are my options. The money is paid through cheque but no other paperwork. Is there a chance to get the money back legally? What legal expenses can i expect to have?

Advocate Ashutosh Mishra answered
Yes you can recover your money. No other paper is required , cheque is a good evidence, you can claim your money by both civil or criminal way, you can send him a legal notice or can directly approach to court.For more condult your advocate.

Q: Private institute not refunding money, what action can I take ?

Hello sir Mene apani institute se deposite fee refund ke liye 3 month delay hoga ya tha uski detail jankari ku delay hua aur institute ki procedure ky hai sab jankari written mai rti ke ander mangi thi lekin one month ho gya abhi tak unka koi reply nahi aaya so next step what I have to do can I take legal action against them

Advocate Ashutosh Mishra answered
RTI take almost one month for the reply but next step u can take is ki ap use legal notice bhijwaiye n also send him text message or mail.him that will be work as a evidence .But i would say send him a notice as soon as possible ur money will be returned.