Advocate Avinash Jain

Questions Answered by Advocate Avinash Jain (25+ answers)

Q: If the police ask you to come to the station do you have to ? what is the Legal consequences ?

I AM A SINGLE WOMAN AND HAVE NO ONE IN MY LIFE. I EARN MY BREAD AND BUTTER BY DOING A JOB. I WAS WORKING FOR A BPO COMPANY IN MIRA RD WHICH TURNED OUT TO BE A SCAM . ALL THE EMPLOYEES WERE BEHIND BARS WHO HAD WORKED FOR MORE THAN 1 YR. I HAD JUST NEWLY JOINED THAT COMPANY AND DID NOT EARN ANYTHING, I WAS ABT TO GET MY SALARY AND UFORTUNATELY THERE WAS A RAID. NOW RECENTLY AT 2 AM IN THE NIGHT , 2 PEOPLE IN THEIR NORMAL CLOTHES CAME TO MY ROOM SAYING THAT THERE ARE FROM KASHIMIRA POLIEC STN THANE AND GV ME A PAPER IN WHICH IT WAS MENTIONED THAT UNDER SOME SECTIONS MENTIONED , IHAVE TO REPORT TO THANE POLICE TSN WITH 15000 TO PAY AS ZAMEEN ON 25/02/2017. THEY ASKED ME TO SIN AND GV MY MOBILE NUMBER. I WAS SHIT SCARED AS IT WAS LATE IN THE NIGHT, SO I SIGNED AND GV THEM MY MOBILE NUMBER. I COULD NOT GO ON THAT DAY BECZ I AM WORKING , I COULD NOT GO WITHOUT TAKING OFFICAIL LEAVE FROM OFFICE. I GOT A CALL FROM THEM SAYING THAT WHY HAVE I NOT COME AND THEY WILL GET ME ARRESTED. CAN POLICE ASK YOU TO COME TO THE STATION ?

Advocate Avinash Jain answered
Do u have CCTV cameras in your building or where you are staying? Complain to your nearest police station about the incident. This will surely help you because under the Indian constitution, NO woman can be ARRESTED AFTER 7 PM, AS THEY ARE POLICE, THEY SHOULD KNOW the rules.

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