Advocate Raviraj Gaekwad

Questions Answered by Advocate Raviraj Gaekwad

Q: What if a security cheque that I gave in 2008 gets bounced in 2016

Cheque personal mal kharidne hetu diye cheque ke samne mal bhi nhi bheja auur cheque vapas nhi dekar 5mah bad bank me dalkar case kardiya cheque 2008 me case abhi2016 me kiya me court me hajir bhi hua meri halat vakil karne ki nhi he muje salah dijiye kya karu

Advocate Raviraj Gaekwad answered
That when a complaint u/s 138 is filed before the Court, you need to remain present before the Court and proceed in your matter. That weather the cheque given is given in 2008 and bounced in 2016 is a matter of evidence. That you can request court and take an Advocate from Legal team, who shall in my opinion represent you at a very low and cheap cost. You have no other alternative but defend your case as you are an accused in the present complaint as described by you.

Q: Is stop cheque application in bank an excuse in cheque bounce case

My father had issued a chqu to my wife on my behalf due to some verbal compromise not in written but she didnt make any promise and deposited chq directly bank although we had informed to her that we do not have sufficient fund to release chq. Now Chq bounced back and she filed sue against my father. Before depositing chq we had submitted a stop chq application in bank also now we are not in position to make payment. Pl guide us that what remedy is possible to fight this case.

Advocate Raviraj Gaekwad answered
Namaste, That once a complaint is filed and so you have no option but to appear before the Court through pleader. That you have to prove that cheque was given for security purpose. There was an oral agreement n as she did not fulfill her promise and so cheque cannot be deposited. You have to prove there is no privity or contract between father n daughter in law. The same may result in acquittal.

Q: POA holder seek permission to engage advocate for petitioner

Can power of attorney holder seek permission to engage advocate on behalf of petitioner in family court, India? religion: Hindu

Advocate Raviraj Gaekwad answered
Yes, the Power of attorney can seek permission to engage advocate and he can sign all applications, file suit, sign VP and can do all acts on petitioner's behalf. Moreover all such powers shall be mentioned in detail in the POA and on the basis of the POA, the person to whom the power is given can do all acts as if he himself is a petitioner.