Advocate Bhailappa Chanabasappa Balagali

Questions Answered by Advocate Bhailappa Chanabasappa Balagali (25+ answers)

Q: Seeking guidance for possible next steps. Criminal / Consumer court?

Recently I had a very bad experience with one of the VIVO service centre staff. Can I put a criminal case or go to consumer court for compensation?##

Advocate Bhailappa Chanabasappa Balagali answered
you will have to go to consumer court for quick relief and apt resolution, standard of proving guilt in criminal case is very high whereas in consumer upon a preponderance of probability one can prove guilt better approach consumer court

Q: Can i file a defamation case on my ex nd her parents

So i was in jail for a month because of a fake case from my ex on this sections 323, 504, 506, 354(B), (C) R/W 34 OF IPC AND SEC.66(E), 67(A) OF I.T ACT AND SEC.3(1)(w) OF SC/ST (POA) ACT after i got released from jail she wanted to get quashed, but because of this case on me nd my parents I'm not able to work or do anything, so what can i do

Advocate Bhailappa Chanabasappa Balagali answered
Definitely you can file a civil suit as well as criminal case on these people collect all materials, and even you can prosecute them under malicious prosecution, provided upon showing that you are being harassed unnecessarily and if you have a supporting documents you can definitely file case on them

Q: Case to file. Promise of marriage- used me. Help please. Which case

I was with boy for 1 year. He promised marriage, took me to hotels. He kiss,removed my clothes. We not not get physical fully. And I let him as I was in love. I came to know he was using me n left me. Since penetrative sex did not happen, what does it qualify? Is there sexual assault or Outrage of modesty under deceit of false marriage promise? Legal advisors say since after incident, for months I was meet, sexting myself and continued in love, it was consent so no outrage or assault. No force.

Advocate Bhailappa Chanabasappa Balagali answered
what is his current status now is he single or got married these kind of case require more informations, and was their any commitment from him in text messages about promise of marriage, and to qualify rape penetration is not essential certain other ingredients also qualify for the definition of rape so you need to assess here and you will get offense of rape ingredients from the rape definition in the BNS.

Q: Regarding cyber crime helpline 1930 investigation process

Hi Sir/Madam, I have lost around 6 lakh due to investment in fraud platform. Transaction done using IMPS/NEFT mode. After transaction, in few days I got to know about the fraud people. I have raised complaint in 1930 portal. What will be the further process of this? Do I need to visit police station or court? If yes, what will be the further steps/process of investigation?

Advocate Bhailappa Chanabasappa Balagali answered
You need to followup investigation through your counsel as and when investigating officer freezes accounts of accused you need to file a refereeing application for getting your money back this has to be done before magistrate and you also required to execute bond for withdrawal of money.

Q: Legal Notice for Criminal Breach of Trust, Cheating, Unauthorized Use

Legal Notice for Criminal Breach of Trust, Cheating, Unauthorized Use of Credit Card,Dishonour of Cheques, and Demand for Immediate Repayment of Rs. 4,68,000/-

Advocate Bhailappa Chanabasappa Balagali answered
If you have a cheque you can present cheque in bank if the cheque got dishonored with a return memo saying funds insufficient you can issue legal notice under section 138 of the NI act, if they don't come forward to pay you that money within 15 days from the date of dishonor it will be an offence and you can prosecute them in criminal Court.