Advocate Praveena Mukundan

Questions Answered by Advocate Praveena Mukundan

Q: Procedure in case received a cheque from a closed bank account.

Hello Sir. I received a cheque dated 13/07/2017 from one of my customer. When i went to encash it it was a cheque associated with a bank account which is already closed in April 2017. The cheque will expire on 13th of October.(3 more days). I didn't file a police complaint yet. Can i file a case now. And what if i file the complaint after the expiry of the cheque.

Advocate Praveena Mukundan answered
Normally cheque validity is for six months from the cheque date. So present the cheque and collect the endorsement from the bank and issue legal notice, thereafter proceed to file cheque bounce case against that person before the Additional Metropolitan Magistrarte.

Q: False complaint filed by friend's wife, wants to take divorce from her

he has taken bale by court and she came back home. she is not willing to take back case. he is not willing to stay with her because she has made his life miserable. now charge sheet submitted to court by police. he has 10 year old male kid. 1. can he give one more complaint against law regarding mental harasement. 2.can he go to advocate and send diverse notice 3.can he force her to go away from his own house 4. how can he get rid of from his wife without damaging his status

Advocate Praveena Mukundan answered
If she filed dowry harassment case or domestic violence case you file judicial separation case seeking court permission to live separately from your wife. sometime court will not grant divorce, but you can seek judicial separation with the details of her case

Q: Legal Remedy if cheque bounce case is not taken seriously by courts?

I am Living at Bangalore, this is regarding a Cheque bounce case .Regarding this I was reported at Bangalore Electronic city police station on Decmber-2012. regarding this I was reported to Electronic city police station and Commissioner of Police and DCP and DGP and CCB and filed a Writ petition at Bangalore High Court as well, And also my grievance was reported to Karnataka CM and PMO as well, but no action taken yet, FIR was filed on my case after 3 years i.e 2015-December it was filed. Case is not taking serious by Police. Suggest me what should I do ?

Advocate Praveena Mukundan answered
Have you got the order from the Magistrate Court. Normally cheque bounce case you need file Private complaint before the Magistrate Court after recording the sworn statement the matter will be referred to police by court for investigation and submission of report.

Q: What to do in case of false 498A and 125 ?

hello my friend needs advice on false 498 a case and false crpc 125 and passport surrendering issue. please inform do one has to surrender passport in such scenario does law says so .Also please do inform what all critical evidence court requires which can prove that allegation are false in nature.ALso how can we stop the party from putting false allegations can estopple help.

Advocate Praveena Mukundan answered
You are not supposed to surrender your passport until the court order so. Have you approached the court for bail in the aforesaid case? If not try to take anticipatory bail immediately and file vakalath in that case and file necessary application to take back your passport.