Advocate Prabhat J Dubey

Questions Answered by Advocate Prabhat J Dubey

Q: How to get my money back if other party is refusing to cash the cheque

I pay some money to some one... He is return my money by cheque.. Bt when I said I will deposit the cheque he said no please wait. Last 2 month he was buying time only. He is giving me daily new excuses.... What I do.. Please guide me

Advocate Prabhat J Dubey answered
Validity of the cheque is 3 months from the date of the issuance. Therefore deposit the cheque before it is get expired. Thereafter you can file summary suit or case under section 138 or both. And in meantime if he aproch you can settle it out of court

Q: Consequences of not being able to pay settlement of cheque bounce

I hv asking u that i had cheque bounce and i had received legal notice and they made complaint in the court amount was 10L and in loak adalat settlemnt done in 7.10L then i hv paid 60k which was decided by court per month 30k then last month i cant pay 30k due to my personal prob so what will be happened ? and what i should be take next step pl.give about it details which will helpful for me.

Advocate Prabhat J Dubey answered
Contact advocate and make an application for the deposit the rest amount which you can not pay in the court and or pay to the said person. The court will decid your application after hearing the other side on merit

Q: FIR lodged against India company by economic offence wing

FIR has been lodged against an Indian company for exporting Composite cylinder which were modified without approval from PESO.The complaint was lodged by a company abroad with EOW. Now what will be the further course of action after FIR will the company have to pay compensation or it may lead to cancellation of license? N what will be the time frame involved in settlement of this case?

Advocate Prabhat J Dubey answered
As the FIR is registered the accused person can be arrested in not yet. If not arrested they will have to apply for anticipatory bail before court of Sessions of high court and there they can settle it. It will take one month to complete the formality

Q: Eligibility for UPSC jobs as acquitted in a cheque bounce case

I had a case filled against me charges IPC 420 for cheque bounce. I settled the case by paying the amount and settled/compounded. The fir was filed on 27 July 2015 and case was disposed in court as contested - otherwise on 28 July 2015 in one hearing. I was never convicted ever and in this case judgement order says as acquitted. Will i be eligible for upsc job if I clear all the exams?? Kindly help me out. Thank you in advance

Advocate Prabhat J Dubey answered
Yes you r eligible for the upsc and or any other job as the case is settled and you got acquittal in the matter hence as on today there is no criminal case against you. Therefore you are defiantly eligible for upsc and/or for any other job

Q: Company filed a case after I left because of bad working environment

Hi I have joined an organisation during campus placement which had a service contract of 3 years. If breached, I have to pay four lacs. I have given them post dated cheque as it was the criteria for joining. After joining, they exploited me heavily to work long hours and the boss many times behaves badly with me and give assignments on weekends too. I felt suffocated and discussed verbally with the HR regarding the issue but it was of no help. So after about 4 months, I absconded citing ill health and didn't return. They asked me to renew the cheque but I ignored. So now they have sent a court notice with section-138 of the negotiable instrument act,1881 as amended. I belong to lower middle class family and can't pay such huge sum. So please let me know regarding the consequences and advice me about the next step. Thanks and regards

Advocate Prabhat J Dubey answered
Reply their notice stating the fact that you were never have any liability towards them and also said that they have taken the cheque by taking advantage of there position and and also file a police complaints against them for misusing the cheque