Advocate Pradeep Kanaujiya

Questions Answered by Advocate Pradeep Kanaujiya

Q: Cheque bounce case filed in court, accused not appearing in court

We filed 4 cheque bounce cases against the same person since June 2016. I live abroad and as per my lawyer a warrant has been issued in his name but he has neither bothered to show up at court nor try to get a bail. My lawyer tells me that everything will be fine and he will come to court and return our money. I don't know what else to do from here other than believe in my lawyer. Do these cases take so much of time and can the opposite party not even be bothered to show up. What should I do?

Advocate Pradeep Kanaujiya answered
If ur opposite party address is right and notice serve them andhe receive then he is not present in court court issue N B W Aginst him so first u see notice serve r not.so call ur advocate and ask for notice report summited before honble court r not

Q: Listing of Case (Civil Writ). What are the options to ensure hearing ?

I am Shidhartha Kumar from Meerut. I was working as Manager Credit in Oriental Bank of Commerce. Due to certain charges levelled against me i was compulsorily Retired from Bank's Services in the year 2010. After 3 years of Compulsory Retirement i got my Retiral dues paid after Filling Writ petition before Hon'ble Allahabad High Court which was decided in my Favour. But the only benefit i didnot get was Leave encashment as bank denied the same on the basis of IBA instructions to them. So i again filled a Fresh Writ before Allahabad HC in the year 2014. The issue in writ is already Decided by hon'ble apex court and Various other high Courts in favour of us. But the main problem i am facing since 3 years is that my case is not getting listed for hearing. I have changed the lawyer also.But he also failed to get the case heard. We got several dates but the case never got heard.Now next date is 27july. Please suggest way to change the date as it is very far . Please help.

Advocate Pradeep Kanaujiya answered
My dear friend its depend on ur hearing and only court fix the date of hearing but as u said that ur case is listed before honble court on 27 so said ur advocate to mention in morning when court sit that this very urgent matter and note down ur mention and ur case heard fast if case not listed for long time in the court u also file listing application and court order in same and fix date what u want but their is borden on court work is alot so don't mind and keep touch in ur advocate or contect me through lawrato.

Q: My batchmates are getting promotion, I am not. Please advise

Hello Sir/Mam, I currently serving in CISF since last 18 months. I was selected in 2011-12 but due to my own declaration in questionnaire form regarding my involvement in a criminal case and then acquittal in 2008 my candidature was cancelled. Against this I filed a Writ in Hon'ble High Court Allahabad and writ was accordingly allow. I alloted Seniority as per my batch mate i.e 2011-12. But now my question is this that my batch-mate are getting promotion in short time but my 5 years of services is not completed so in this condition I will get promotion or not.

Advocate Pradeep Kanaujiya answered
Dear frd plz wroat a detail representation to ur competent authority and annex with that oorder or if ur writ petition is about for promotion then u r also elgible for promotion or move a fresh writ petition if they not response well call me through lawrato thax.

Q: Mistakenly Signed on other's document on behalf that person, advise

Hello sir/mam we are running a society 1 year ago we had increased the no,s of members of the society from 7 to 12 to get the working area of society from State level to National level, but it was not possible that time to make the other members sign on the documents so we signed on their documents and on society documtns on their behalf... Today Those members are not taking any action against us but in futue they can take action against us ...what can we do now to be in safe zone for future....we already get affidevits from them which stated that......They had signed all the documents related to society but problem is that thier sign on documents and their sign on affidevit will not match if they file case ..... Pls tell what can be done today to be in safe zone for us and for our society as well

Advocate Pradeep Kanaujiya answered
U may file a caveat before the civil court where ur jurisdiction is and let the problem down if any case file aginst u court may hear ur view and then pass order and at that time u may file that affidavit in ur support.thax regard

Q: Can police add offences after consulting govt lawyer in a case filed

Hiii , my case is going on investigation, We are 4 members in this case /i have arrest stay of two persons crime no.344 ipc 323, 504, 506 , 380, 420 , we all (4) are bail out on the same ipc section, but during investigation police added section 467, 468, 471, 120b, 175 , now matter is this we have arreste stay in crime no . 344/2016 ,in Highcourt order there is clearly mentioned that police can not arrest till the submit the police report, now question is this can police arrest all the 4 member behalf of added section or second question is this police added 467, 468, behalf of photo state of will he don't have original copy of the same will, investigation officer said to me that he has add this section after talking the advice of government advocate can he take advice to government advocate.and Highcourt gave arrest stay on crime no or ipc section?

Advocate Pradeep Kanaujiya answered
Yes but after order of court there is the provision in law but u all are have option to file 482 u/s Cr.p c to qush the order but no arrest without proof so u also have arrest of stay enjoy ur bail order