Advocate Manju Dwivedi

Questions Answered by Advocate Manju Dwivedi

Q: Time limit for filling stay order petition against FIR for 498A

My question a FIR was filled under section 498a + other sections on 13.08.18 received by court on 23.08.18 & certified copy issued on 25.08.18 till when I can file a stay order against it in High Court?

Advocate Manju Dwivedi answered
there is no time limit to file offense under section 498 A offense. It is continuous offense. manju dwivedi Advocate .This case can file any place where victim reside. this offense is cruelty against dowry.

Q: Clarification on sections 304 and 323 IPC

Police is arrested in ipc 304 &323 Is this bailable.

Advocate Manju Dwivedi answered
Section 304 IPC is non bailable offence. The bail can granted to session court as thish offence is session trial. Magistrate have no power to grant bail. you are advice to file bail application before Magistrate Court first then session court.

Q: What does section 104 say?/////////////////

Dhara 104 kya hai

Advocate Manju Dwivedi answered
If the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death.

Q: Wife want separation from husband, please advise

I am 31yrs hindu married on 25aprl 2015.Wanting seperation with my husband.i dnt lk him n cant stay with him.faccing a lots of problems mentally n financially too rt now..mt parents are not interested for any seperation..kindly suggest for this ..

Advocate Manju Dwivedi answered
yes you can file divorce case against your husband for cruelty and mental harassment etc. under hindu marriage act. If your parents are not ready for judicial separation you can contract district legal cell for pre litigation mediation.

Q: Took cheque as payment but it bounced and person is ignoring now

I received a cheque but due to insufficient balance, cheque bounce. Now person that give me cheque, not receiving my call. When i want to his office he just avoid to pay my money. What should need to do ?

Advocate Manju Dwivedi answered
According to your question it is not clear that on which date you submitted cheque in bank for encashement and on which date it is dishonoured. According to Negotiable instrument act The payee( the holder of cheque) has to sent the notice to the drawer(cheque issuer) with 30 days from the date of receiving “Cheque Return Memo” from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. The cheque is presented within its validity ( i.e 3 months from its date). If this period expired then you can file a civil suit for recovery of cheque amount.