Advocate Dayanand Patil

Questions Answered by Advocate Dayanand Patil (25+ answers)

Q: What is the procedure to file a nc complaint ?

Hi, I would like to know the documents n process to file non cognizable complaint in Indian police station. Thanks

Advocate Dayanand Patil answered
Hi, The procedure to file non cognizable case before any police station requires material evidence to prove your case prima facie. If you intend to file case relying upon documents, in such event you need to furnish copies of such documents along with your written complaint at the relevant police station. Up on receiving your complaint, the police will issue an FIR and thereafter notice to the accuse. Note : In non cognizable cases police cannot directly arrest the accuse.

Q: how much time it takes to get bail from sessions court

My brother-in-law is wrongly framed under Section 370A, 3, 5, 7, and 9 of PITA. He applied for bail in sessions court last Monday, but it has not yet come up for a hearing. It has been more than 10 days since he has been in detention. What are the chances of getting bail? How much time it takes to get bail from sessions court? How long does it take for a bail petition to come for a hearing in district court? Is there any alternative to avoid unnecessary detention? How much time it takes to get bail from high court?

Advocate Dayanand Patil answered
If your brother-in-law is in police custody, then a regular bail application must be filed before the appropriate court, usually before a Magistrate of First Class. If it is an anticipatory bail, it usually takes one week to 10 days for a hearing. However, how much time it takes to get bail from high court depends on various factors. If the lower courts reject bail, the High Court can be approached, which may take a few more days, depending on the urgency of the case.

Q: false 498a chargesheet filed on myself and family. what to do.

Hi the police have filed the chargesheet, i came to know after looking into my fir status, the date is on 11 august, it says both first hearing and next hearing on same date. Still dint get the summons, me and my parents are accused, can i got to the court on 11 even if i dont recieve summons. can i ask exemption for my old parents

Advocate Dayanand Patil answered
No need to attend the case if summons are not received from the court. You can ask for exemption of your old parents by moving a petition if the summons are received in future. You can also file a quash petition before the Hon'ble High Court.

Q: Can cheques given as friendly loan be used in a cheque bounce case

I and my best friend had a business together but it went into losses.My friend told that he wants to study further and he also had some debts.So My friend asked me to give cheques of 30k for 36 months for studying purpose.i don't owe anything to him but as a gift and for studying purpose I gave him the cheques. If now I can't pay anything bcoz of the differences can he file cheque bounce case against me everything.?

Advocate Dayanand Patil answered
Nothing can prevent your friend to file cheque bounce case. Because once the cheque is issued it is deemed to be issued for legal liability, un till and unless your friend accepts that the cheque was issued for the purpose of his education.