Advocate Mohamed Kassim

Questions Answered by Advocate Mohamed Kassim

Q: cheating case against my friend

Hi sir, i sold my car to my friend before three months, i will not receive any affidavit from him, i sold him just by the trust on him. i had his phone call record, bounced cheque, and whatsapp chat. is there any possible to registered a case against him

Advocate Mohamed Kassim answered
If you signed all papers and transfer his name without receiving any payment, you have the right to file a criminal case against him for cheating..The bounced cheque is your evidence for non payment of the sale price..If you did not sign any papers for transfer and the car is still in your name, you have the right to recover your car by filing a police complaint.

Q: Case filed within 15 days after issuing notice

I have filed a case on the 13th day after issuing legal notice to the opposite party regarding cheque bounce. Whether this premature claim can be dismissed only on the ground that complaint was filed not giving 15 days period to the opposite aprty?

Advocate Mohamed Kassim answered
No..if you sent the legal notice, the opposite party has to send the reply within 15 days. That is mandatory in law..If the opposite party has not sent any reply notice within 15 days or the opposite party has not sent any reply notice till the opposite party is served with court summons, the filing of the case before the maturity of the said 15 days will become irrelevant...

Q: seeking extra time from creditors

i have purchased goods from my party for credit due to business dull i cant give money on time i need extra time to repay but the party not accepting tourchering heavily is there any law

Advocate Mohamed Kassim answered
If you are not able to pay the amount, the other party can file the suit for the recovery of debts after sending legal notice. When you get legal notice, you have to send reply by requesting for time or by raising any questions regarding the goods for the purpose of extending the time for payment..If you gave any cheque, the other side might file a case for cheque bouncing..If it is so, you have to send a reply asking for the extension of time for the payment.. Everything depends upon your facts and circumstances of your case...

Q: My father died a year ago and i have cheque in his name.

My father died on 16.12.2018 & he holds 15 cheques without any date but rest of the details filled and given by a bakery owner. He is telling that i will give money and get back the cheque..Till one year now he is not giving the money..How to get money back from him?total cheque value is around 50 lakhs. Can i put a criminal case against him with cheques available with me..I have no other proofs except signed undated cheques & signed written papers...i dint close the account in my father's name & not informed to bank also...Is there anyway I can encash the cheque & put cheque bounce case against him ..Iam n need of the money for my sister marriage...our entire family is depending on tat money..My father believed him to the core and now he is betraying us & trying to not give even single rupee of money..pls help how to approach

Advocate Mohamed Kassim answered
first of all, it depends upon written signed papers which you have in your hand and any proof for the advancement of loan given by your father....mere signed blank cheques are not sufficient to file the case..If there is any proof that your father gave loan to him, you can file a criminal case of cheating..not cheque bounce case..

Q: Getting divorce and who take a children custody

I would like to getting divorce ,i have two children ,male -5 female-8 ,but my husband said only father's is a take a both custody. But my children are my life .so what do to?-Hindu marriage

Advocate Mohamed Kassim answered
Actually father and mother are natural guardian...being mother of the children, you have the right of asking for the custody of children even though your divorce petition is pending before the court...If your husband gets remarried, your husband does not have the right of keeping the children with him..Still you have the right of children custody...