Advocate Avinash Jain

Questions Answered by Advocate Avinash Jain

Q: Complaint against tenant for neither paying rent nor vacating house

my tenant is not vacating my house.she is not paying rent but in court she is saying she had given cash to hand like liquid cash.she didn't gives us any money she is telling all lies .we didint sign on any receipt that we recieved amount there are no common witnesses there is no paper proof still she is claiming that she will get four witnesses .i think fake witnesses will court accept those four witneses is it valid court will give approval.i want to file criminal case on her .please give me advice.

Advocate Avinash Jain answered
Don't worry this is very simple witness should have authority anyone can't be witness this very simple matter I have done this type of case many times you should have proper advocate to fight your case Normally it take less time but depends on lawyer and judge but according to me this is very simple special in city like Mumbai

Q: What legal action can be taken against cheque bounce and fraud

Hello, A man has cheated me by providing duplicate documents of the property and as of now 3 lacks has been given. But then I had cancelled the contract and asked him for my money. He had given me 3 cheques and all the cheques had been bounce due to insuccufient bal. While cancelling the contract I had made a notary mentioning that the person will give my money back at any cost if he fails a legal action will be taken on him and whatever property hr has will be used to get my money back. But till now police had not taken my FIR and that person is run away from home but his wife and mother stays there. Please advice me on that ????

Advocate Avinash Jain answered
Appoint a lawyer who will file 138 under your bank jurisdiction for that you have to give notice to a person but not normal one but advocate notice for that you have to appoint lawyer without that it is not possible I have fight many 138 matter and won to but it is your choice to appoint lawyer police will not registered any case because it is court to decide not the police

Q: How to speedier the process of cheque bounce case

I would like to understand is ther any other case that can be filed apart from 138 in a cheque bounce case. I had lent a reputed builder few lakhs n hv filed 138 on him. Also 200 cases registered on him. But the procedure is very slow.

Advocate Avinash Jain answered
Yes you can file civil suit in higher court Which u have to pay fees and re relevant documents to support your case nothing else this process is which faster than 138 but evidence should be proof no illegal money etc but that can be tell by lawyer itself I hope you understand

Q: Person caught for drink & drive asked to be present before the court

My brother was cought for drink and drive few days back....and he paid a fine of 2000. And later he was asked to come in court ...what will happen in court ? And will he go to jail? How would we tackle this?

Advocate Avinash Jain answered
Nothing will happen do not worry Court only tell to give fine And some talk get one LAWYER with youWho can handle this not big thing do not take unessecesy tension go and face it is not that DIFFICULT

Q: Further procedure after bail in false case of section 376.

Hi, One girl register FIR under 376. I went to police station for enquire what is going wrong with me. They just ask I know her or not. I say yes then they told we are keeping you in our custody. Second day they sent me to court and from their they sent me jail. After 20 days I got bail from session court. Now my case is under trail. I got married before one month from this case. I am doing job and my manager understand my situation and my current job is still going on. I want to change my organisation, I am worried if I got reject in background verification. I am working on IT sector. Please suggest because my case will take some tome to close may be year.

Advocate Avinash Jain answered
FRIST tell how do you know that female ???Secondly charges against you are right put by police or not If only you can speak out then only any LAWYER can help you I personally feel your case is very weekYou have to take good lawyer like me If you have any chance of winning your matter Best of luck