Advocate Pooja Ghosh

Questions Answered by Advocate Pooja Ghosh

Q: notice sent to accused by advocate. after the receiving the notice

A notice sent by advocate to accused for two cheque after bouncing the cheque . the one cheque is accused but other is another person.What legal remady

Advocate Pooja Ghosh answered
Sir/Mam,Did you send notices to two different people asking for payment of the amount? If yes, both are accused only.Please mebtion the date of notice because you have given them 15 days to pay back the amount from date of notice. Once that period ends, the cause of action arises and you need to file a written complaint before the appropriate Court.

Q: Procedure of court marriage and getting marriage certificate

Mujhe Dehradun court m shaadi karni hai .Procedure kya hai And documents kya lagenge Dono families ka consent hai Ladki basically Bihar se hai but Abhi Vadodara m rehti h so uska aadhar bhi Vadodara ka hai .. isse koi dikkat tu nahi hogi ? Marriage certificate kabtak mil jayega ?

Advocate Pooja Ghosh answered
Agar aapka adhaar card yaha ka hai ya aap yaha ke hai toh koi dikkat nahi hogi. The bridegroom has to be from Uttarakhand (specifically Dehradun) for court marriage.Documents will include the following: For parties:Identity Proof / ID Proof:PAN Card / Driving License / Passport (Any one of them)Address Proof:Aadhar Card / Rent Agreement / Voter ID Card / Gas Bill / Electricity Bill (Any one of them)Birth Proof:Class 10 Marksheet or, Birth-Certificate (जन्म प्रमाण पत्र)Divorce Decree:In the case of a previous relationship, if the previous partners have taken divorce, they have to submit the divorce decree for marriage.Death Certificate:This is applicable only for the partners in a previous relationship such that one of the partners died. The living partner must have to submit the death certificate of the non-living spouse.Photos:6-6 passport size photos of male & female partnersDocuments For Witnesses -Identity Proof (ID Proof):PAN Card / Driving License / Passport (Any one of them)Address Proof:Aadhar Card / Rent Agreement / Voter ID Card / Gas Bill / Electricity Bill (Any one of them)Photos:2-2 photos of all the witnessesAlso visit the e-registration Uttarakhand site for more information on relevant rules and law.It is important you solemnize the marriage here only if you the bridegroom belong to Dehradun. It is only then possible for the Registrar office of Dehradun to register marriage and issue certificate.Thanks and RegardsAdv Pooja GhoshDistrict & Sessions Court, Dehradun

Q: 600000 was paid in cash for the purchase of the flat, no agreement could be signed, along with the w

600000 was paid in cash for the purchase of the flat, no agreement could be signed, along with the wife who has passed away, I received a check of 850000 against my damages, which bounced. In 251 statements, the accused said that I do not know him and signature on the cheque is not mine. My divorce case is pending and my husband give this cheque to him. He is my husband's friend.

Advocate Pooja Ghosh answered
Sir/Mam,I do not know the year when you has posted this question and I also do not know the stage of progress in the present case.Sec 251 has been recorded in court where the accused is provided a common questionnaire and generally they have to either plead guilty or innocent. Obviously, in most cases the accused will say he is not guilty. What i mean is, this is a common exercise to say that i did not know the party and i did not sign the impugned cheque.Once the case progresses toward examination of witnesses, parties etc. the case progresses further. Your side has to adduce evidence which contradicts the statements made in Sec 251 and further circumstances put up to the accused by court in 313 crpc and any other conclusion which comes out of the examination-in-chief and cross-examination. This is how summons trial work. Most importantly, your side has to show that the cheque was given toward discharge of a legal debt or liability and all other essentials of Sec 138 NI Act were fulfilled.Your case has just started with this.

Q: Withdraw a Leal Case under section 509IPC and 67IT Act.

Hello, one of my friend Have filled a case around 4-5 years ago, 2 acts are there 509 IPC, and 67IT.Now she want to withdraw the case, can u please guide us

Advocate Pooja Ghosh answered
The above-mentioned sections provide for punishment above 2 years. Thus, the case will follow the procedure under Warrant trial in accordance with the Criminal Procedure Code.Another important thing to note is that both are compundable offences as well.At the very outset, the Code only allows withdrawal of case in Summons Trial as per Section 257 of the Code. The Code does not expressly provide for withdrawal in warrant trial cases.Further, in warrant trial cases the procedure will differ where the case is instituted upon a police report and when a case is filed as a private complaint (otherwise on a police report). When a case has been filed upon a poloce report, the Magistrate has the power to discharge the accused where the case is found to be groundless. But, this is only upon perusing the poloce report and the related documents. Please keep in mind that this happens before charge has been framed against the accused.If it is upon a private complaint then the Magistrate may exercise his/her discretion and upon non-appearance of complainant on day of hearing, again the Magistrate may discharge the accused upon fulfillment of the following: a) the case is lawfully compundable or not cognizable offence and b) before the charge has been framed.So, it is requested that you also mention the following in detail: a) Was the case filed upon a police report or is it a private complaint? and b) Has the charge been framed against the accused/ yet to be framed against the accused? Only then can you proceed accordingly.Again for the sake of reiteration, warrant cases can generally not be withdrawn as summons cases explicitly.