Advocate Azad Khan

Questions Answered by Advocate Azad Khan

Q: What to do if cheque bounced will a receipt be a sufficient evidence

I have filed cheque bounce case of 4.75lakhs.I have acknowledgeme receipt given by accused where its clearly mentioned "Payment done by cheque with cheque details for loan taken from me."The only problem is handwriting on acknowledgement receipt is mine and accused has only signed that acknowledgment receipt.Can you pls let me know if this evidence is enough to win the case?

Advocate Azad Khan answered
The cheque and the bank statement is sufficient to attaract the offence and the presumption is in your favour and the accused required to rebut the presumption. You can say u only written the receipt at the request of accused and there is no issue.

Q: What to do my wife filed a complaint against me and my family

Sir, I received a notice from a police station in Karnataka asking all my family members to appear in Police station based on a complaint by my wife. The police notice does not mention any details about the complaint number or case number. I got to know surely from other sources that FIR is not registered. So my first question is whether me and all my family members have to appear in police station for enquiry or can i ignore it. Because before this notice i received a phone call from the police constable and i answered him back saying that i will not come since there is no FIR or any case registered against me. Now they have served this notice without any details or complaint copy. My Advocate told me to ignore the notice. Because once they file an FIR, then my Advocate said we will apply for anticipatory bail. My second question is whether police can arrest us after a week or so saying that we didn't appear in police station even after serving notice (notice doesn't have case details

Advocate Azad Khan answered
As per the directions of supreme court now police cannot register the FIR for the offence u/s 498-A or under Dowry Prohibition Act without an inquiry by the Dist. Family welfare/ conciliation comittee. Only after the report of the comitte police can register the case. Ask the police to refer the complaint to the dist.comitte and on receipt of notice you can give statement before it.

Q: What to do if the husband is harassing me repeatedly

I have been married for 7 years now. Since, the marriage it was trouble. My husband harasses me mentally. in the early phases of marriage, He used to tell me that he married me because of his mother who forced him to do so and he scolds his mother. He also said to return the thali and go back home. He also left me in the railway statement in the mid night after a fight all alone. I was pleading him not to leave me, but he left. He gets angry uncontrollably. He blames me for everything. If there is traffic jam, he blames. If kid is little cranky, he blames me. If kid supports me, he starts abusing kid also. He shows face everytime when he comes home and keeps blaming me everytime and scolds me. He threatens me saying that he will snatch the kid from me and he will leave. In case if my parents come to stop him, he will kill them. All this is increasing my tension day by day. I am staying with him only because of kid. I want to get out of this marriage. But, I want my kid also.Please help

Advocate Azad Khan answered
You can lodge comlaint to the jurisdictional police about persistant cruelty. You may also file petition for maintainace and shelter n police protection under the D.V.Act., later u can move for divorce also.

Q: What to do if summons are received from the court

We met an accident on 12.08.2017 at Khanapur, Belgaum. A pessenger vehicle hit our car. Our car was damaged and we also got minor injuries. We lodged FIR against driver. However, since we are from pune, we closed the case as it was not feasible to us for going to Belgaum again and again. Now we have received a court notice without copy of petition. I searched online that one of the passenger of another vehicle had filed insurance claim against driver. After 3-4 hearings, notices have also been sent to us and our insurance company. Hearing date is on 29th may. Now we are wondering if we compulsarily need to be present there 

Advocate Azad Khan answered
Dear, its not a big matter to be serious. If you got insured your vehicle then nothing to worry. Engage an advocate at Belgam and hand over the copy of the policy and driving licence and file the objections. Since your driver pleaded guilty the liability if any should be birn by your insurence company.

Q: Paid compensation for motor accident still case filed with compesation

My two wheeler subjected to accident and we have comprised the case and in view of compramise I have paid Rs. 150000/- towards the hospital expenses but inspire of this victim filed private complaint against me in respect of said accident and case for compansation. There are no written documents in this regard. What I can do?

Advocate Azad Khan answered
The case is not compondable. Any compensation or compromise out of court is not a bar the initiate action as has done against you. In the compenation claim you can produce the medical bills for having attended and seek set-off in case the comensation awarded is more than Rs.150000 and if the award is less than that you can recover the balance amount.