Advocate Dip Kamal Saikia

Questions Answered by Advocate Dip Kamal Saikia (25+ answers)

Q: Chances of winning cheque bounce case

What are the winning probability of cheque bounce case? all the documents have been filed properly in the year 2025 , do let me know

Advocate Dip Kamal Saikia answered
The chances of success in a cheque bounce case under Section 138 of the Negotiable Instruments Act depend on the facts and evidence of the case. If all relevant documents were properly filed in 2025 and the statutory requirements, including issuance of notice within the prescribed period and filing of the complaint within limitation, have been duly complied with, the case may have a good prospect. However, no lawyer can responsibly guarantee a particular winning percentage without examining the cheque, bank return memo, legal notice, proof of service, complaint and defence raised by the accused. A detailed assessment of these documents is necessary to give a reliable opinion on the merits and likely outcome.

Q: Registry not submitting records after court direction

An FIR was filed in Nov 2012 against 11 corporate employees under Sections 420, 468 and 471 IPC. They were arrested in Jan 2013 and granted bail in Feb 2013. One accused sought quashing in 2015, but the High Court rejected it as premature. In 2022, four accused again sought quashing. In 2025, the PP stated that the chargesheet had already been filed in 2022. The Court directed the Registry to place the records on file, but after six months and two notices, the Registry has still not complied.

Advocate Dip Kamal Saikia answered
The prolonged delay in investigation and the failure to place the chargesheet/records before the High Court despite repeated directions can be a significant ground for seeking appropriate relief. The accused may consider moving the High Court under Section 482 CrPC/Article 226, as applicable, seeking quashing of the proceedings or, alternatively, appropriate directions for production of the records and expeditious disposal. The entire case history, including the 2015 and 2022 proceedings, the alleged filing of the chargesheet in 2022, and the Registry’s continued non-compliance with the Court’s direction, should be placed before the Court. The merits of the FIR, chargesheet and the nature of the allegations would also need to be examined before advising on the prospects of quashing.

Q: Need advice to get custody of my two years old son.

31 y.o Female, currently unemployed. I have a two years old son. My husband is a defence personnel (army). I have been facing abuse from my husband both mental and physical since after a week of our marriage. It was a quick marriage,(within a month). Parents are not supporting me to come out of the marriage. My biggest fear is that I don't want to lose custody of my son.Since I am unemployed,court may not give me custody. I don't have enough proof,just some pics of bruise marks.Help.

Advocate Dip Kamal Saikia answered
you can file a gaurdianship case for custody of your child. and also claim maintenance for you and your child . definitely court give the custody as because I think your child is may be breast feeding baby .

Q: Coal truck seized by the Assam forest department asking to pay penalty

My coal truck has been seize and confiscate by Assam forest department.. they told me to pay a penalty against it,but now it's more than one month that they keep on pending the official work.. so what legal action should I take

Advocate Dip Kamal Saikia answered
You can file a Zimma petition before honourable Chief Judicial Magistrate court in your jurisdiction againts the seized truck. If any penalty imposed than court will decide it . First you mentioned your case no details