Advocate Hemanshu Saha

Questions Answered by Advocate Hemanshu Saha

Q: How can I recover money lent to a friend

One of my old schoolmates called me and told me fake news of death of his relative and aske for money which i transferred in his account. Now he is not returning and trying to fool me. He is now not traceable as h chnged his number too. Please help me how i can get my money back from him. After checking with others, he does this with many, so want to take action against him, so that this is not repeated with others in future. Amount given was Rs 25000

Advocate Hemanshu Saha answered
Do you have his permanent address? You can Lodge an FIR against him and you can also file a case for recovery. Go and file a complaint to the nearest police station and if the police is refusing to lodge an FIR against him. You can revert me. We will file a case before MM for registering an FIR. Revert me.

Q: Complaint against a person no action by police what action can I take

Hi, My mom, me and my wife is getting harassed by a person over phone and messages. We filed a complaint against him in the police station but they gave him bail. After that they are not doing anything. I beat him up and now he is in police station. And even he is threatening us by saying that i'll bury your grandparents 7 feet down. tell me what should i do?

Advocate Hemanshu Saha answered
When you lodged the complaint what action had been taken by the police. Is any FIR registered against him? If police simple called him and ask some questions and after that directed him to go. In such cases you can file a case before concerned MM to register an FIR against him. Revert me for any other query.

Q: False ATR by police will magistrate give the judgment on that basis

I have registered a case in court for, 156 (3) crpc as police not registered my FIR. Court ordered the police to submit ATR. Police investigated the case but submitted false ATR in the court. My question is ... Will magistrate give the judgment on the basis of ATR or magistrate will give a chance to me to ask enquire about the points written in ATR. Will there be cross questioning about the matter with police and me infront of magistrate on next hearing ? Or magistrate simply dipossed the case after seeing the ATR without asking anything to me.?

Advocate Hemanshu Saha answered
If the Air does not disclose any cognizable offense. MM will dismissed your complaint and after that you will be put to examination before the court. At that time you can reveal all facts and circumstances. Revert me for any other query.

Q: How can i recover my dues from my ex company

I worked in M/s Sawhney Builders Pvt. Ltd. for 8 years & two months. The company paid irregular salaries which created my salary outstanding for 8 months & 5 days. The company management made false promise to pay my money. But never fulfilled their commitment. Then, I resign from the services of company due to non-payment of my dues. But company refused to pay my wages & dues. From last one year, I am trying my best to get my outstanding money but they clearly refused to pay my money. I want to file a case of cheating & fraud against the company.

Advocate Hemanshu Saha answered
Have you lodged any complaint to the police regarding this.? If police is not taking any action you can move to the Court to Lodge an FIR. You can also file a case for recovery in a civil Court. If you were a permanent employee they will not terminate you without giving you proper notice. You can also challenge your termination as well. Revert me

Q: Cheque bounce what action can I take

we rented a shop by investing 2.5L and due to joining govt job we had to quit in 2006.We handed the shop to our know to sell it further and he handed that to his relative assuring us to return the amount but till 2016 he has managed to pay 40K as he is not willing to return the money.Somehow in Mar 2016 the mediator has given in written on a plain paper to return the money but the cheque he provided bounced.Now he is forcing us to return the cheque then only he will make any further paymanent. we have no legal documentation what should we do is this cheque going to help us if we file a case?

Advocate Hemanshu Saha answered
If the said is bounced, you can approach the criminal Court. No other document is required if you have cheque with the memo from the bank. You have to first mark a legal notice to them. It is matter of 138NI act and in this act the limitation period is very crucial. You have to give legal notice within 15days from the date of cheque bouncing and many more procedure which you have to follow. Revert me. All the best