Advocate Nihit Dalmia

Questions Answered by Advocate Nihit Dalmia

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 Nihit Dalmia answered
When was the cheque issued to you for presentation? Was if the cheque issued to you after the closure of the bank account or was the cheque issued to you before the closure of the bank account? In both the cases, a criminal case under relevant sections of IPC can be registered against the person issuing the cheque and also a complaint under 138 N.I. Act should be filed against the person issuing cheque, certainly the presumption is your favour. For more you cantact me.

Q: Theft of chequebook and distribution of cheques

My sister is studying medicine abroad...And we misplaced her chequebook after she was gone abroad. Later we went to the bank to inform that we lost her chequebook and ATM card but the bank refused to close the account. Then they said to tell your sister that send an email from the registered email but she said that I don't even remember the email. Later we came to know that someone stole the ATM and chequebook from our home, it had not been lost. And we tried to get to that person but we came to know that it was a set up for us...That guy distributed our cheques to some persons whom we don't know...Know those persons are threatening us that they will file a case against us...We told them that that guy stole it from our home...even the signature on those cheques are fake...Now we are in trouble, we don't know what to do? As per our knowledge the cheques are 3 month valid and I think it has been more than 4 months since we lost that cheque book... please help. we don't know what to do?

Advocate Nihit Dalmia answered
As I see, you guys have been bit negligent towards your issues, its a serious mistake. Sorry for being bit harsh but attitude like this can get your sister in very trouble as it's her bank account and her cheques that are being misused as per you. Tell your sister to write from her e-mail id to the bank stating her account no. and the date and issue that someone stole her cheque-book & ATM, so the same should be blocked or closed. File an F.I.R. regarding the same asap and a complaint against the person threatening you. For more information, you can contact me.

Q: What to do if there are difference with inlaws false allegations on me

Today i received a notice from patiala court and the petitioner is my husband (Rajneesh Sharma). Under section 9 he sent a notice to me and against my family and prior to that i filed a complaint in women cell in which both the parties were called but only my family went and they did not show up. He and his mother tried to malign me and raise a finger at my character which is not true at all. It's been 6 months to me in my parent's house and i came here for brother's wedding and he never visited here to receive me. I have alot to say but i would want to have this discussion over the call. Thanks

Advocate Nihit Dalmia answered
In CAW cell, if your in-laws donot appear, the CAW Cell has the power to convert your complaint into FIR and then a FIR will be registered against the in-law under relevant provisions of law, if they are the culprit. now as for your Section 9, do appear in the court and give your reply to the petition of your husband.

Q: Legal notice received from labour for payment of dues

One of my labour has sent me a notice for non payment of 5 month salary. I have closed down my establishment 2 years back however still paid salary of my old workers for around an year in a hope that the work will soon resume again. Now the notice in addition to wrong Claim By labour also mentions that there was "some survey" at my establishment and it was found that I have not maintained proper do documentation. The interesting thing is that there is no establishment as on date which can be surveyed and also no one from Labour welfare ever visited my place. Please guide

Advocate Nihit Dalmia answered
It's good that you took seriously the said legal notice. Do not Panic, please do reply accordingly to the said legal notice and if required do go, on being served proper notice, to Labour Court, where the said case will be initiated and keep your side of the case respectively. Carry entire proofs with you. They must have mentioned about the Labour Inspector who visited the said establishment for the survey, take some effort, kindly go to said Labour Inspector's Office and if this fact of the survey is wrong, then fill a proper police complaint in your nearest police station.

Q: What is the procedure and requirements for filing contested divorce

In case of mental cruelty uncontested divorce, Can it be filed immediately just after mental/physical abuse ? or should it wait like 6 months/1 year of separation like in mutual divorce cases ? I guess in uncontested cases, its anyways not possible to stay together, but if the husband does not allow you to leave or file for divorce, Whats the way out ?

Advocate Nihit Dalmia answered
Yes, it can be filed immediately, no need to wait for 6 months or 1 year of separation. If the husband does not allow to leave or file for divorce then first action to be taken by you should be to call police immediately and register a complainant against the culprits under relevant provisions of IPC and thereafter seek protection. Complainant under DV act can also be filed if the abuse is such. There are various remedies under law for the same. You can opt all or any as per your grievance.