Advocate Navin Kumar

Questions Answered by Advocate Navin Kumar

Q: What to do if builder check cheque dishonored

I had given cash of rs 5 lac to one builder company against this I have chq which owner gave me ,chq is dishonoured now ,do I have a remedy?

Advocate Navin Kumar answered
You can file a criminal complaint u/s 138 of the NI Act only after you have presented the cheque for encashment within 3 months from the date of cheque, after it has been dishonored, you must send a demand notice to the signatory of the cheque within 30 days from the date in the return memo. If the debt is not credited in your account within 15 days from the date of receipt of the demand Notice, you are entitled to bring criminal action against the signatory.

Q: How to recover my money from my friend

Hi.. my friend took a friendly loan of rupees 2L and promised to return in one month, but this did not hapenned, now after 6 months he is making excuses. Can we have a chance to tackle this legally.. i have all the call recordings ,whats app chats and chq clearance status available with me. Awaiting your response.

Advocate Navin Kumar answered
There are several recourses both in civil and criminal Law, but which course can be opted depends upon the documents that you have. If you can clearly establish his liability to pay you, we can certainly opt for several recourses. And the liability can be proved depending upon the evidences you have.

Q: Running of hookah bar in my locality how to stop it

There is one hookah bar in my locality and due to which the smoke comes to my home also and we have complained to delhi police and mcd also but they doing nothing then one day it get sealed by mcd in the sealing drive on January 2018 and now I think they have broken the lock and seal and now it's open again now I want to shut it down as soon as possible I want to know the procedure to do it and also want to know the fees of lawyer if I need one and also I want my name identity address everything secret because I don't know who they are and what they might do if they know someone has done complaint against them the complaint I done to delhi police is about the parking issue and the smoke come to my house issue but they just talked to them and go and I have done complaint to sdmc on the toll free number

Advocate Navin Kumar answered
You can file a written complaint for removal of nuisance to the Executive Magistrate of your area under Sec. 133 of Crpc. You can file the complaint anonymous. For any criminal complaint, there must be a complainant so by keeping yourself in secret you can not move to criminal court. For any further information, you can call me.

Q: Filed FIR about theft committed by a company which is still pending

FIR registered about theft doubt by company on 16 oct. 2016.only one time i had gone to police as they called me. after that not received any response FIR is pending till now. So please tell me what reason may be for delay

Advocate Navin Kumar answered
It is most a delay...Police has acted upon your complaint...investigated it and the investigation did not prove anything such as commission of an an offence or it may be also possible that Police could not find anything conclusive to establish the theft. Bottom line the police has not registered the FIR as the investigation on complaint could not prove anything or could Police could not investigate further due to various reasons.

Q: Boy filing for mental harassment in case of breakup by girlfriend

A girl make a relationship in age of 16 and at age of 18 she brokeup because she find another men .. then his ex-boyfriend start abusing her and threating her that he will kill her new boyfriend.. and also threaTen her that he will uploadher personal pics on social media and show it to her parents and also stalk her everywhere badly.. and warn her that if she marry with his present boyfriend he will file case of mental harrasement in high court and expolit her .. he daily warn her stalk her from last 1year.. what she will do to move out of this fear ??... is he really have right to do case of mental harrasement if she broke up with him after having physical relationship and marry another guy?

Advocate Navin Kumar answered
No he can't file a case for mental harassment and High Court is not the appropriate authority. Instead the girl can lodge an FIR under different provisions of IPC for harassment and threat to upload pictures.