Advocate Rushabh Ramaswamy

Questions Answered by Advocate Rushabh Ramaswamy

Q: Check bounced twice by the same person

Hi, I had given some money to a friend for help, but he was not returning it since Jan 2019, now he had issues a check but it bounced twice, what can I do.

Advocate Rushabh Ramaswamy answered
Hello,You need to give me details about the cheque.When was it issuedWhen was it deposited Did you send any legal notice to the other party.In these cases you need to file a complaint in the court within 45 days of the cheque bounce. Have you done it?Kindly provide me with further details to help you with it.

Q: Cheating case of money taken for business

I have recorded phone call in a pen drive of my brother in law who has taken money from me long back and is not giving me back my money. So can this recording be allowed as a legal proof in the court of law.

Advocate Rushabh Ramaswamy answered
You cannot use the voice recording as the only evidence. Is it by way of cheque or Cash?You need to show that there is some existence of loan . If he has taken loan by cheque then we can file a money recovery suit and claim the money. In case it is by cash and he has acknowledged it somewhere in paper then we can take the case ahead.

Q: guidance in Preparation of will

Husband wife both are 70. Wife is medico stable taking care of finance. They are making a will saying if wife dies the property goes to the husband and vis-a versa. Challange is that if Husband survives. He has to remake the will and will not know whether he will be in position to make a will or take care of finances. In that case how to make a will.

Advocate Rushabh Ramaswamy answered
in case the husband survives, the husband can appoint a person whom he can trust, like a chartered accountant or a lawyer or any close person to act on his behalf. if husband and wife do not have any legal heirs after their demise they can open a trust account and manage their affairs through the trust, so that after the death of husband and wife the transfer of property and other litigation will not be a problem.

Q: Fake Litigation under section 138. Cheque bounce notice from friend.

Hi, I took money from a friend as help and wouldn't return him on time while borrowing I gave him blank cheque to gave him confidence. Now 15 days before he submited this cheque with doubled the amount I took from him and he send me legal notice from his lawyer under section 138. I am ready to pay the exact amount, I have taken from him. What to do?

Advocate Rushabh Ramaswamy answered
hello Sir,did you take the amount via cheque?? kindly share the exact details and we can help you out . if you have taken the amount via cheque then you are liable to return the amount what you have taken along with interest if agreed to by any written agreement. if the amount is not by cheque and still that person has deposited the cheque with double the amount then you can always be in the front foot to recover that money.

Q: Recvd Self Cheques from builder No Funds

Self Cheques recvd from builder but not clearing no funds only giving dates

Advocate Rushabh Ramaswamy answered
ask for cheque in your name, then deposit the cheque in your account and let the cheque bounce because of paucity of funds and then file a case under section 138 of NI Act. once he has given the cheque in your name he will not be able to take further dates, he will honour the cheque at the earliest or else case can be filed and amount can be recovered.