Advocate James Sibi

Questions Answered by Advocate James Sibi

Q: Cheating issue by providing Car Leasing

In August -2025 I took a car on lease from a party and gave 85000 to them. we prepared a 6 month agreement and still now they didnt give my money back. Shall I Eligible for giving a complaint against them ?

Advocate James Sibi answered
The proper remedy is to file a money suit. If you have taken promissory note then it will further help in your claim. However you can make out a criminal case for the offense of 'cheating', for that you need to show that he had made some kind of deception.

Q: Is POA issued by legal parihar poa services will be accepted as valid

My brother works in kuwait. To do a partition deed writing we would need POA from him. He can't prepare that in kuwait. So my question is Issued POA from legal parihar poa services is valid or not? If we prepare poa and sent it to kuwait for attestation will it be valid and accepted in kerala deed writing offices.

Advocate James Sibi answered
Power of attorney has to be attested by the Sign and attest directly before an official at the Indian consulate or embassy in Kuwait.How ever most important aspect is that poa executed aborad has to be adjudicated before the sub registrars office to be of any use in Kerala. For that u need to apply before the sro and pay proper stamp duty and get it sealed from the sub registrars office. It could be done through any advocate's office

Q: Cheque notice period expired & not living in the same jurisdiction

My father was involved with a property litigation for the agreement done in April 2024, and the GPA holder had to refund the agreement amount and damages as per the ext. agreement in Oct 2024. He made various part payments. In Dec 2025, he issued new cheques for 10 lakhs (two 5 lakh cheque), and 1.5 lakh cheque. He settled 3.5 lac before, & 4 lac after notice for 5 lakh cheques. Notice issued in Blore, & now we have moved to Kottayam, what to do? There is a blank cheque taken on a signed letter

Advocate James Sibi answered
A signed blank cheque if dishonoured can still be a crmininal offence, if it is presented for the exact amount due. If it is an ac payee cheque it could be presented in your bank in kottayam and after it is dishonoured a new lawyer's notice has to be served to payer, within one month of information dishonour