Advocate Kushal Raj Gupta

Questions Answered by Advocate Kushal Raj Gupta

Q: Cheque bounce due to closing of account

What is legal implication of closing the account willingly and then asking to present the cheque in bank?

Advocate Kushal Raj Gupta answered
Dear sir, if the person has willingly closed the bank account and asked you to present the cheque in that account besides 138 NI act section 420 of the Indian penal code can be attracted for cheating and and FIR on the same can be registered in the police station. There is direct judgements on this topic.

Q: Court fees and estimated expense for case filing u/s 138

Could you please let me know - know how much court fees and other estimated legal cost I could incur if I file a case under section 138 of NI Act at Saket Court, Delhi to recover money of Rs. 50,500 against which cheque was issued by the defaulter/Issuer/Drawer.

Advocate Kushal Raj Gupta answered
Court fees is Rs. 2 for a complaint u/s 138 NI act, rest it is the lawyers fees which can vary from lawyer to lawyer. Rest for a cheque of small amount it is usually better to try to settle the dispute as it can cost you high.

Q: Non bailable warrant issued against me how can i save myself

I have received Non Bailable warrant on my name from HDFC bank. Since I did not update my latest address with HDFC, therefore all the notice were kept delivering to my old address. Unfortunately someone mistakenly has acknowledge the notice at my old address. Constable came to my office on last thursday with a NBW in his hand. Now he is forcing me to get a bail on 26th September. Is it ok if I visit to the court and inform the judge that I was not aware of this notice and also I would admit that every month the cheque was bounced for last 2.5 years, however every month I was making the equivalent payment in my personal loan a/c on other some day. So therefore my intention was not to fraud. Can I take the entire loan o/s amount inclusive of charges and interest, and then inform the judge that I want to pay the entire amount here in the court for rs 32,197. Will judge cancel the warrant and my case ? If case and warrant is cancelled then will this ever be reflected in my background check

Advocate Kushal Raj Gupta answered
You can get the NBW cancelled by telling the reason to the court that you were not aware regarding the warrant. The court will definitely consider it and cancel the warrant, if you had no intention to not be present before the court. Get it filed through a counsel.

Q: Plan for filing a divorce application as 16 year marriage not working

A hindu family. After 16 years of marriage understanding in my wife could not be established. Unnecessary quarrel daily (365 days x 16 yrs). A lot of tension daily due to quarrel. 11 years only child suffering badly. No physical relationship since 08 years. Does not care for any member of family. She has been provided every facility in family. I am a Govt. employee. Due to tension I am not able to work properly. No physical assults by me. Her parents do not talk with me. Nowadays she is asking for divorce. What is the solution? Is it divorce or something else. Kindly suggest.

Advocate Kushal Raj Gupta answered
Sir, legal separation or Divorce is the solution that you would have. But filing of a divorce case requires grounds of cruelty by the other party. So you will have to detail your matter and yes divorce is the solution that you have.

Q: Wife filed divorce case in Bhopal Can she now transfer case to Delhi

My wife filed a divorce case on me in BHOPAL family court.(her home town) Now, as she is living in NOIDA and I am in DELHI. Can I give petition to transfer the case in Delhi or in Noida to avoid the wastage of time? Is this possible?

Advocate Kushal Raj Gupta answered
Yes you can file a transfer petition in the supreme court for transferring your case to Delhi but you need to have a proper reason and a good ground for transfer. Otherwise simplicitor the cases are not transferred for the reason that it will save time of the parties.