Advocate Jigar Dave

Questions Answered by Advocate Jigar Dave

Q: How to proceed in a cheque bounce case

can i report in police against check bounce?

Advocate Jigar Dave answered
cheque bounce is criminal offence but you don't need to go to police for that, for cheque bounce you need to send notice through your advocate and give him 15 days time to pay the amount of cheque by dd or cash if the other party fails to do so than you can file court case against him within the period of 30 days after completion of 15 days time.

Q: Complaint for fraud done by insurance company

Respected Sir /Ma'am I am an insurance agent and recently I bought a ulip for my customer and give the documents to the insurance office But when the insurance policy came to the customer home the name of insurance advisor was different, instead of mine name there was some different person. Along with this they fraudulenty sign the customer signature everywhere in the new form and mothers name was also wrongly written in the policy. So please tell me is there any legal action which I can take or should I surrender the policy.

Advocate Jigar Dave answered
raise your concern with compliance department of insurance company immediately and if they are not responding properly then go for consumer complain in consumer court. you can also file fir against suspected persons in the name of your client stating that they have forged his signature.

Q: Clarification to claim compensation under MACT Act

In nov 2014 my father died in bike accident hit by alto car in Jan 2015 I filled a case in mact case in session Court of 30 lac compensation but till not received a interim relief fund from. court what I do now 3 yeas past still not running main case related to compensation

Advocate Jigar Dave answered
interim relief should not take that much time. probably your advocate might have notprassed the interim relief application , meaning thereby that your advocate might have withdrawn the interim relief application and asked the court to directly deal with main and final compensation application.

Q: Setting aside dismiss in default order passed by court in MACP

I had filed a petition for MACP in the year 2001 but due to no appearance of me i.e claimant and my advocate it got dismissed on default on 18/12/2017 i.e 2 months back.....now my question is can i restore the same?? If yes under what section? Do i need to file delay condonation application for restoration?

Advocate Jigar Dave answered
thank you for your query. yes you can get the matter restored by simply moving an application to restore the matter. mention what was the reason of your non-appearance in that application. if the court is not allowing to restore the matter then apply for certified copy of dismissal order and file fresh complain.

Q: Documents required to be submitted at the time of cheque bounce case

whether all the original documents must be submitted at the time of complaint u/s 138 of N.I.Act? Who is responsible for missing during the trial?

Advocate Jigar Dave answered
yes, all original documents should be submitted in the court at the time of filing itself. It is advisable to submit all the documents at the time of filing itself in order to expedite the proceedings. if you want to submit it later than you can submit at the time of evidence. and once submitted, the court will be responsible for the maintenance of that documents.