Advocate Karnish Gupta

Questions Answered by Advocate Karnish Gupta

Q: Will a case under IPC section 188 affect my chances of getting a visa? Does a civil case affect my a

Will a case under IPC section 188 affect my chances of obtaining a visa for a foreign country? Does a civil case affect visa issuance?

Advocate Karnish Gupta answered
Well yes and no it depends the nature of your visit to foreign land and duration as such then 188 is all about disobedience of order not a serious offence in general term it shall not bar you to go abroad but a court order in this regard might be required rest in 60 percent case in my view the accused is acquitted in these case or just fine is imposed in other case until the sitting judge is not to harsh no jail term is ordered but may be given if the nature of offence desires

Q: Misuse of lost cheque, 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. i did not file cheque lost complaint, 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 Karnish Gupta answered
first thing first you had to file a complaint in police station of lost cheque and when you stopped the cheque that would also matter now you are in a criminal case and depending upon the court you can be prosecuted as a criminal and the same would mean you may have to get bail and fight the case or else he can sue you further

Q: Punishment for having 2 voter cards in India

In the past, I have two voter ID cards in different state (X and Yl). Last year, I canceled X voter id card. Now a person registers a case against me for this matter (Two Voter id card). What action will the court take against me? and How can I protect myself?? Can i have two voter id card in India?

Advocate Karnish Gupta answered
Well the matter is not that you had 2 voter I'd its whether you did that for fraud or transfer of residency in case your basic identity is same and no changes are thr then you have almost nothing to worry about or else you may be procecuted as per law depends on your case detail analysis of your case is required to give advise

Q: Can a PO declared under NDPS act get a regular bail or anticipatory ba

Three persons namely A,B,& C are made accused for recovery of Charas under NDPS Act in 2009. Of these three A & B are sentenced for 10 years imprisonment in 2011. Accused namely C is forcibly involved in the case as neither C knows the accused A&B nor A & B knows C. A&B are arrested on the spot whereas C absconded from the naka spot which is totally wrong.A & B denied all allegations under Cr.Pc. 313 in judgment copy whereas PW says that A & B has disclosed the name and address of C. Also the address of C is shown totally wrong in FIR & Challan. PO is issued against in 2012. Kindly suggest whether C should apply for anticipatory bail or he has to surrender before court to face a trial for regular bail.

Advocate Karnish Gupta answered
anticipatory bail is the right course for this however it not be that it will be granted but it will have the ability of the court to finish the present matter as such you need to file only anticipatory bail and hope for the best or else if it is dismissed the same may go to high court depending abt quantity

Q: Ghar ko Rasta na ane ki samasya

Mera Ghar meri jameen mein hai meri jameen ko koi bhi sarkari rishta Nahin Lagta hai maine Aas paas zeemeen walon se kaha ki vah mujhse kush jeemen lekar apni jameen mein se rasta de de magar vo Nahin maante humko aane jaane mein bahut dikkat Hoti hai kripa Karke bataiye ki ham Rasta kaise le sakte hain kanuni taur per

Advocate Karnish Gupta answered
apka case easement ( diljamai ya suvidha adhiniyam) ka hai iska dawa lga Kar aap apni zamin Tak ek Rasta lene Mai samarth ho sakte hai iske ilava kanuni air koi adhikar na hai aap apne area ke diwani adalat Mai mamla darj kra sakte hai