Advocate Pankaj Bajaj

Questions Answered by Advocate Pankaj Bajaj

Q: cheque stope payment by builder

I sold a property to a builder and received a cheque from them during registration. Unfortunately, the cheque bounced because the builder stopped payment on it. Despite sending a recovery notice within 15 days, the builder did not acknowledge it. During this period, I misplaced the original bounced cheque and the bank's bounce memo. Can I still pursue a legal case under Section 138 of the Negotiable Instruments Act against the builder for the bounced cheque?

Advocate Pankaj Bajaj answered
If you have the Photograph of the Original Bounced Cheque and the Bank's Bounce Memo and If you have the evidence of acknowledgement receipt of the Cheque deposited for encashment, not its photograph, then, you can still file a Cheque Bouncing Case.

Q: Change laywer and get money back

If I am not happy with my lawyer how can I change him and also ask my money back will he return the money?

Advocate Pankaj Bajaj answered
Well, if your lawyer has cheated you, then, he is liable to return your money. You can file a case against him in Civil Court to get back your money. If he committed any sort of Professional Misconduct, then, you can file a case against him of Professional Misconductunder Sec 35 of the Advocates Act, 1961.

Q: Will I get arrested for making online payments to scammer for sex

I was scammed by some fraud person posing as escort on WhatsApp in Feb 2020. I paid for some female nude photos and then paid for real meet in advance but realised they are scam. Then they blocked me. Recently I complained on cyber crime website anonymously and sent the full transcript of the WhatsApp chat (not the photos) but with screenshot of payments made that showed my partial bank number. Will the police arrest me for making payments of this sort even though no real meet took place?

Advocate Pankaj Bajaj answered
Well, you may get in trouble and may be not, which depends upon : concerned IO is aware of which laws. There are laws in India which prescribes punishment for engaging in mutual sexting with consent too. So, while chatting with a fraud female, if you have gone to the extent of showing your nude pics to her and inviting nude pics from her, there are chances, you will be punished too.

Q: Husband absconding since 1 year

Hello , My divorce case is going on since 2016. My husband is / was not giving maintenance neither to me and my daughter . and he is absonding since 2023 . filed missing complaint by his father in police station . married in 2012 and seperated since 2016. case is pending in the court almost more than 4 years. what i can do in this case to get free myself from this chaos.experts advice needed.

Advocate Pankaj Bajaj answered
Well, you have to wait, so that, your Husband can be traced by the Police. Once he will get traced, then, you can request Hon'ble Court to direct him to participate in Divorce Proceedings with his lawyer for the purpose of contesting Divorce with you. If he remains missing for at least 7 years or more, then, after such 7 years, legally in the eyes of law, he will be condsidered as a Dead person, which will pave your way to marry anyone else.

Q: Divorce for materialistic reason

Mine is first marriage and my wife is second marriage I am out of India from past 18 months and i haven't talked to my wife in this time as I already told her that we are filing Divorce,I was planning to file divorcee when I return to India. She has her own business where she is earning good. But i got information that she has done IVF and she is pregnant now. The IVF was done with out my consent. I want to know when i file the divorce she can ask for alimony for that child or for her self

Advocate Pankaj Bajaj answered
If she has gone for IVF without your consent, then, you need not worry at all. As she will not get success as per my knowledge knowledge and experience in seeking Child Support from you for such child which has taken birth from the IVF method.