Advocate Daksha Kumar

Questions Answered by Advocate Daksha Kumar

Q: Complainant Not Quashing After Mediation Settlement

A 420 FIR was lodged and while taking AB the judge pushed us in doing settlement in mediation. All conditions were met by us and full amount was paid. Now the IO has filed chargesheet after 4 years and now complainant is not coming to lower court. We had filed for quashing in high court. Complainant's relative appeared and denied settlement. Judge says i cannot force the party to give statement and has gotten the case withdrawn on condition to file again after fresh settlement or on merits.

Advocate Daksha Kumar answered
If the complainant has enjoyed and accepted the benefits of the settlement, then the settlement is bound to be accepted by the Court for the purpose of Quashing. You can refile the Quashing Petition on merits and get the case quashed.

Q: legal remedy for bank account frozen by CBI

Can a prompt resolution be given by the courts on frozen account by dint of necessity to run the family. if yes, then under which section/code/law/article/regulation ; if no, the what could be done?

Advocate Daksha Kumar answered
You have to file application for de-freezing the back account. As per the various judgements of the Supreme Court and High Courts, only the amount alleged in the crime can be freezed by the agency and not the entire account. Further, if there is no crime involved, the entire account can also be de-freezed. You may contact for further consultation.

Q: Can i file the case against Harassment by bank

Hi,please advice me can we file a cash against bank for harassment.

Advocate Daksha Kumar answered
Yes, you can file a case against the bank for the harassment. Any kind of illegal harassment by the bank is against the guidelines postulated by the RBI . You may also file a complaint before the banking ombudsman through their website and claim damages . You may also file a complaint before the consumer court within your district .

Q: Can my ex accused me for false promise of marriage? I have chats too.

Me and my ex we both agreed to just date for some years then we will breakup. In starting everything went normal but after sometime she started asking me will we get married. I never said yes, even never said that we will get married, i always said i dont know.Then she tried breaking up and said “i guess we dont want same things from our relationship.” things& got better. We nvr had sex after that.But for some time,she asked me again and again. And i said we will not marry. And broke up.

Advocate Daksha Kumar answered
She can twist the version and file a case against you. However the chats and conversations between the two of you will be a good defence for you to come out of the case . It will not sustain in the court of law . There are many judgements by the Supreme Court and High Courts which support and protect citizens like you from being falsely accused of such kind of crimes.

Q: Loan for a friend which not paying EMI or any amount seven months laps

Took 3 lc instant loan and gave up money to a friend. She paid 5 EMI and rest she is promising only and not paying since last 7 months. What can I do to save myself from this situation. I am unable to pay myself.

Advocate Daksha Kumar answered
First please send a legal notice to your friend and demand the EMI to be paid in a timely manner. If your friend is unable to pay the money, file a civil suit for recovery of the loan amount along with interest as charged by the bank against your friend in the district court. Additionally you may talk to the concerned bank and talk about one time settlement and ask your friend to settle and close the loan once and for all.