Advocate Kalyan Singh Ahlawat

Questions Answered by Advocate Kalyan Singh Ahlawat

Q: Is a case under section 409 and 420 bailable

My Father was retired from govt job in 2005 now there was a case of currption on him from some third party from 2016. Now yesterday the court declared him as accused and setence a jail term for him under many section out of that there 409 and 420 pic. He is 73 years old can we ask for a bail for him. Please suggests

Advocate Kalyan Singh Ahlawat answered
If ur father is in judicial custody,you have to file regular bail court. As per ur version your father will get bail in the matter. You hire the service of a good criminal lawyer,taking the seriousness of the case against ur father

Q: Filing a single case for several cheque bounce cases

Sir, Is it required to file different cases for different bounced cheques. I have received 5 cheques from a customer to whom I supply goods on regular basis. All cheques were presented on a date and all were returned by the bank stating "funds insufficient". I have sent 5 notices to him but no answer has been received till date. Do I have to file different cases for the same or only one case mentioning all the bounced cheques can be filed in the court???

Advocate Kalyan Singh Ahlawat answered
You can file a single complaint as well as separate complaint for each cheque. You have to prove that the cheque has been issued for a legally recoverable liability. For exact guidance consult your local counsel

Q: Accused of cheque bounce not showing up for hearings continuously

Hi, I have filed a cheque bounce case against "one person who is living in Aligarh" and "the case is filed in Gurgaon" as I work in Gurgaon and my Bank's Home branch is also in Gurgaon. On the "first court Date" he was summoned to come. On "second date "he did not arrive in court so we filed our proceedings and were told that non bailable warrant will be issued against the culprit and we came back. Now on "Third Date " we get to know that non-bailable warrant against the accused was cancelled as his lawyer appeared in the court later on that day. Now on "Third Date " again he was not available on time and I think his lawyer again must have come there and got the non bailable warrant cancelled. My question is can the accused lawyer keep on doing like this and delay the process or do we have any other remedy for the same ? Also, does my lawyer is also informed that the accused lawyer appeared in the court and non-bailable warrant was cancelled. Coz, i did not hear from my lawyer

Advocate Kalyan Singh Ahlawat answered
Yes it happens that accused makes his appearance after noon nailable are are issued against him.it is a normal course and it is not necessary that advocate for the complainant be called while issuing non bailable warrants. You can contact me as am practicing at Gurgaon court

Q: How to complain against stopping cheque payment

sir i am from ambala i purchase a washing machine from ambala through cheque but supplier supply me a damage pc and after many request he issue me a cheque and i asked him to take back machine after clear check he stoped cheque payment what action i can take.

Advocate Kalyan Singh Ahlawat answered
I have to take legal advise from your local advocate.he will send legal notice within 30 day of receiving of the bank memo giving him 15 days time to pay the amount.afte4 15 days are over your advocate will file the complaint

Q: Is is compulsory to submit medical records under section 377

Husband did anal sex with wife and left her filed for a divorce saying she had relationship with other person before marriage. He left her within 10 days of marriage case in court for dowry .now after 10 months of anal sex she get problem facing piles n dr said that it is due to unnatural sex.so after its a long time approx 14 months of marriage it is possible to go with complaint sec377. Do we need hv proof to prove it?

Advocate Kalyan Singh Ahlawat answered
Yes complaint can be given at this stage also. Medical examination can be held now also. This type of case don't require any witness as the offence is committed within the four wall of the house. I advise you to give complaint about it.