Advocate Prithish Bandyopadhyay

Questions Answered by Advocate Prithish Bandyopadhyay

Q: Can a warrant be issued without going to court against a person

Hi Sir / Mam.. i had taken a personal loan worth of 100000 while residing in Bangalore- However owing to medical grounds I was hospitalized since october and had to discontinue my job after the organization decided to relieve me of my duties o medical grounds- That also propelled a movement to my native and since then my old numbers and addresess are inactive - Over last few days the NBFC that granted me loan are calling my mother and telling that that have filed complaint in Sec 406 and 420 in local police station in Pune- However I have not received any legal notice by post - My question is , without going to the court can any action or warrant can be issued against me on grounds of complaint by the NBFC - In case it is , Can the police in Pune have authority to arrest me outside Maharashtra without sending a proper notice.They have texted my mother that they have sent a copy of the complaint to the commissioner office.Could you please advise

Advocate Prithish Bandyopadhyay answered
Unless and until there is an F.I.R police can not issue a warrant against you or arrest you. If they sent a copy of the complaint to the commissioner most likely it will be treated as an F.I.R. if a warrant is issued against you the police can send the warrant to your local police station and you can be arrested but there must be a notice of court to your given address.

Q: In Cheque Bounce Case -Can we pray in the petition

I will be filing a cheque bounce case soon under 138 NI Act after issuance of statutory notice for payment within 15 days. During filing of petition can I claim Interim Relief from the courts as per the cabinet proposal. Cabinet proposes to provide Interim Relief to the complainant in the form of 20% of cheque amount. Though it is still a proposal and has not yet become a law I want to know if I can still pray it in the petition.

Advocate Prithish Bandyopadhyay answered
As you pointed out correctly that it was a proposal and not become a law most likely you won't get an interim relief. You can still pray it when the serivece return is done. You have to file another petition containing the cause of interim relief .

Q: What if in-laws file a complaint against my family after wife's death?

A wife from the hindu religion has commited suicide but did'nt leave any note,evidence or statement against his husband or son now the family of the descesed has filed case against them.What are its consequenses

Advocate Prithish Bandyopadhyay answered
Consequences are extremely bad. You Must appoint a good advocate to prove your innocence. If proven guilty you and your family may convicted for several years with fine. Can file case against the family.

Q: How to close the case of 498a if wife is staying with me

Hello, My self . My wife filled a case against me under IPC 498A in the year 2013. My mother and sister name is also included with this. Now from dec 2016 my wife is living with me . Now we cant to close the case. But our lawyers are not doing the same. In my last date we have said the judge that we are innocent. My again a date received i.e. for next May 2018. Not understand what to do to close the case.

Advocate Prithish Bandyopadhyay answered
Only your wife can close such case. If the case in in the stage of evidence then it is easy to mention before the ld. Court that she don't want to continue such case. Or you can file in High Court to dissolve the case.

Q: Legal action against packers and movers company for non delivery

Respected sir, im a serving defence personal.i have sent a bike from siliguri to my hometown buxar through a packers and movers company...they promised to deliver it in 4 days but 15 days have passed and they have not delivered.whenever i call them they tell that it will be delivered in few days...sometimes they dont attend call or put the phone off...plz tell me what can i do in this case...as i dont trust them anymore..

Advocate Prithish Bandyopadhyay answered
You can file a suit in consumer forum against them. You can lodge a complain by yourself or through an advocate. As you didn't get the service as promised they have to compensate for the delay.