Advocate Gurcharan Singh

Questions Answered by Advocate Gurcharan Singh

Q: What does "non-bailable warrant be issued against the accused mean"

Today RC/AD has been filed by the complainant against the accused. RC/AD was issued on 21.08.2018 placed on record. It is evident that the period of 30 days had already elapsed. In order to procure the presence of the accused, in an expeditious manner, this court deems it fit for issuing coercive process against the accused. Henceforth, it is directed that non-bailable warrants be issued against the accused for 20.11.2018. What does it means

Advocate Gurcharan Singh answered
This order means that you have ordered to be arrested for producing before the ld. judcial officer. In my opinin this order is legally wrong, The Magistrate before issuing NBW, should sort the presnce of accsued through Bailable warrant and hence there is inherit error in this order. As the office under section 138 is bailable, you can get bail after surendring before the ld. Magistrate.

Q: Can a person charged under 182 IPC file complaint under 156(3) CrPc

one person filed a false fir against me but after investigation it was found false and police charged him with 182 ipc. Now that person is saying that he is going to file the 156(3) crpc against me to avoid 182 ipc .can he go for 156(3) against me

Advocate Gurcharan Singh answered
Hi, if the police refused to register a case agaisnt the accused as in your case, you have been declared innocent and police refused to register the case agasint you, in that eventually the aother persons have two remedies, he either filed complaint under section 200 Cr.P.C. in court or he can file applicaiton under section 156(3) before court for issuing directions to police to register a case and during that proceedings, the procedings under section 182 IPC are not competent.

Q: Can a false case be filed by a stolen cheque

My cheque was stolen last year I just signed and fill amount (not in words) then I stopped the cheque through online banking with mentioned the stolen reason option available there. now I got message from bank that the cheque was rejected due to stopped payment. a person who presented my cheque he tried to blackmailing me. I did not write any name , date and amount in words by myself. he said that i have borrowed Rs. 240000/- but I did not borrowed even he dont have any proof of borrow. I want to know am i safe?

Advocate Gurcharan Singh answered
No. The said person can file a complaint under section 138 N.I. Act against you and in that eventuality, you have to face proceedings of the same. Have you got register any DDR or FIR for lost of cheque. If not you can still file a complaint against said person to police for blackmailing.

Q: After how many days of the marriage can we file for divorce

After how many days of marriage I can fill divorce ?

Advocate Gurcharan Singh answered
Hi. You can remarriage after 90 days from decree of divorce I.e after the expiry of period of limitation for filing appeal by the opposite party, however if you got divorce by mutual divorce, then you can remarry at any time.

Q: Is cheque memo sufficient to file complaint

If instrument(cheque) or true copy of cheque not exhibited ,Only cheque return memo is exhibited, That is sufficient for complaint U/s 138 of NIAct- Moreover no bank evidence come on record also.

Advocate Gurcharan Singh answered
Hi. In case cheque has not been Exhibited, you can move an application for additional evidence for exhibiting the same. The cheque is the basic document and has to prove the same as per law. Memo can only prove dishonor part of offence.