Advocate Kohale Pradumn Pandiitrao

Questions Answered by Advocate Kohale Pradumn Pandiitrao (25+ answers)

Q: POCSO 11 12 / Misunderstood Gesture

A child's Parents have misunderstood gesture and filed a complaint for kissing their child on the cheek (that's the complaint they've mentioned in the FIR) shall we file a quashing application in High Court or any advice will be very much appreciated please

Advocate Kohale Pradumn Pandiitrao answered
Yes, in a case where the only allegation in the FIR is that someone kissed a child on the cheek, and there's no sexual intent or inappropriate behavior, you may file a quashing petition under Section 482 CrPC before the High Court. Courts have held that every physical touch or affectionate gesture is not sexual assault under POCSO, unless there is intent to sexually gratify or arouse sexual intent.

Q: Dear sir, I am taking loan 22000 Nbfc Rupee 112 but one month delay

Dear sir,I am taking loan 22000 Nbfc Rupee 112 but one month delay the payment but Rupees 112 penalty impose 30000 very high penalty impose as per guidelines mis guide this Nbfc customer and High penalty so request this Nbfc take action this type charges amount.NoteContinue torcher and morning to evening time call msg hareshment and sending mail remove charges but no replying mail

Advocate Kohale Pradumn Pandiitrao answered
If you have taken a ₹22,000 loan from an NBFC app like Rupee 112 and due to one-month delay they imposed a ₹30,000 penalty, it appears highly excessive and possibly against RBI norms. NBFCs are not allowed to impose arbitrary or disproportionate penalties. As per RBI Fair Practices Code, lenders must inform borrowers clearly about interest rates, penalties, and recovery procedures. Charging such high penalty may be considered unfair trade practice

Q: FIR quashing Process enquiry on a rape case, is it quashed without me

Filed a rape case on a person who hid marital status and got into relationship with me.Promised marriage intially and later kept confusing. Have submitted clear proofs in chargesheet.Accused has filed a quashing petition and i am worried if the court will ask me to present or quash without my knowledge? Their strategy is to make the case appear consensual and divert courts focus away from deceit angle. What normally happens in such cases? is fir quashed easily and in how many hearings? Thanks

Advocate Kohale Pradumn Pandiitrao answered
Yes, in cases of rape based on deceit (like hiding marital status and false promise of marriage), courts take the matter seriously. If the accused has filed a quashing petition under Section 482 CrPC, the High Court may initially issue notice and seek a reply from you and the prosecution. The FIR is not quashed easily unless it is clearly frivolous or lacks evidence. Since you’ve submitted strong proof in the chargesheet, and if it shows the accused intentionally deceived you, the court will likely not quash the FIR without hearing your side.In most cases, quashing petitions take multiple hearings—typically 2 to 5. Courts also consider whether the consent for the sexual relationship was obtained by fraud or misrepresentation, which, as per law, vitiates consent and makes it a case under Section 376 IPC.The accused may try to show the relationship was consensual, but if your evidence clearly shows that consent was obtained by concealing marital status and false assurances of marriage, the court usually allows the trial to proceed.Stay in touch with your advocate, ensure your side is represented, and be ready to oppose the quashing petition strongly through written reply and oral arguments.

Q: Negotiable instrument act delay condonation application

Can we make an application for cross examination in the delay condonation application in negotiable instrument act ?

Advocate Kohale Pradumn Pandiitrao answered
Yes, you can make an application for cross-examination in a delay condonation application under the Negotiable Instruments Act, 1881, especially when the accused/respondent contests the condonation of delay.

Q: How can I get Court order copy for my RCC case file against FIR

How can I get Court order copy for my RCC case file against Criminal case FIR? ecourt side shows "Order not uploaded by concerned court". Kindly advise.

Advocate Kohale Pradumn Pandiitrao answered
visit to advocate and apply for certified copy of order physically. sometimes ecourt may get delay also you need to get certified copy for any legal purposes. ecourt copy can not be used for legal purposes.