Advocate Rohit Kohar

Questions Answered by Advocate Rohit Kohar

Q: Got a loan from a friend he took a cheque which got bounced

I got the loan from my known person of 9 Lacs and he took my cheque as a security. he took my signature on a document where he is mentioned that this money given me as a token amount against my property. the agreement time is already expired.he issues 4 cheque of 4 different people on different dates. now he is giving threatened me that he will file the case against me for 420 or I have to sell my property to him. I ready to pay his money but I need at least 6 months for it.

Advocate Rohit Kohar answered
No need to worry!!! Even if he files the case you can share your intent of paying the loan in the court. The court will direct you to mediation center or grant you time. Only you have to take bail on first date n may have to give undertaking for your intent. Feel free to contact me.

Q: Case filled under section 325,341,342 IPC, what action will court take

sir my driver registered case against me on few sec ,325,341,342 .he has fracture on his leg. so i ask u what action court take against me

Advocate Rohit Kohar answered
S-325 of ipc is related with voluntarily causing hurt but you can take the benefit of provocation if any. S-341,342 are related to wrongful restraint n confinement. I'll be better help you out if you call me n show be the FIR.

Q: Court dismissed the cheque bounce because filed before limited time

A cheque bounce case has been filled before the limited time, proceeding had been started, after two years the learned court says that the case is not maintainable as because it had been filled before limited time

Advocate Rohit Kohar answered
You can re-file the case and start the litigation. In catena of judgments SC n various HC's have discouraged the filing of NIA or cheque bounce case before prescribed period. (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, 20 [within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. These are the prescribed period for your case. Rest you can contact me for further guidance.

Q: Limitation to file case into the court for cheque bounce

X person issued a cheque on the name of firm cheque bounced 3 times and a legal notice was sent to him... but due to some unfortunate reason criminal case was not files within 30 days time... the person who issued cheque is asking for 3 month time as he did not have money in hand right now... do i file a civil cheque bounce case now or wait 3 month ? ( someone told me i can file civil case for recovery of money in next 2 years so its better to wait 3 month and then file case bcz it will not do me any harm )

Advocate Rohit Kohar answered
(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, 20 [within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. These are the basic characteristics of Negotiable Instruments Act. Don't wait for three months because civil suit is time taking. For further queries you can contact me.

Q: Iam an IAS aspirant and false FIR has been lodged against me

Hello i am an ias aspirant,an FIR has been filed against me in minor issue can it affect my career?

Advocate Rohit Kohar answered
If you are IAS aspirant then even a small case like S 159/160 affray can lead to cancellation of your candidature at the time of interview as they check the criminal record of the candidates. So your name in fir will make your UPSC attempt futile