Advocate Saravanan

Questions Answered by Advocate Saravanan (25+ answers)

Q: Lender passed my cheque and started a case under 138 act. Now the case is running. But we complaint

Lender passed my cheque and started a case under 138 act. Now the case is running. But we complaint him under exorbitant interest act because he demands more money and passed my cheque. But local advocates telling cheque case is a different one we can't merge with our second complaint. Any help please

Advocate Saravanan answered
we can't merge the case , but we could as defence in furtther proceedings and conduct trial on other aspects and it is also a good defense in the case. we elucidate our wirh sufficient. witness and documentary evidence if it is available with you

Q: I stopped a cheque by giving stop payment post the amount detected from my account. Because I'm not

I stopped a cheque by giving stop payment post the amount detected from my account. Because I'm not liable to him and he was threatening us to get extra moneySection 138 a will attract in this case. Now the case is in hearing.

Advocate Saravanan answered
first you give notice that he person stating that you are not liable for the cheque and it has been obtained in what whether it is by fraud or by coercion nd you will be got a chance to contest of hebsue against you in 138 proceedings

Q: Can we arrest an Inspector who kept me in illegal custody .

Inspector filed a false FIR and remanded.Can we arrest him through court by filing a private case.

Advocate Saravanan answered
yes if you filed a private case against a person, he is not appear on summons then the coury will issue bailable warrant. Thereafter again he do not appear then non-bailable warrant and arrest can be made against. him.

Q: Hi, nI have filed a FIR against one person who gave love torture so I filed a case .it's been 4years

Hi, nI have filed a FIR against one person who gave love torture so I filed a case .it's been 4years I forgot the issue now. I got married and I have a kid now.but now I got a summon from court. Should I visit? Is it mandatory? What will happen if both the parties don't visit court after the summon?

Advocate Saravanan answered
if you are complainant the case will be dismissed og it is private case. If it is a police case no summons will be issued witness warrant will be issued for your presence and giving evidence in the above case. first of all you cannot file FIR.

Q: False court direction FIR under section 156 (3)

I have been working as Project cum Admin manager in my friend’s company due to pending salary for five months and pending incentive for 3 projects which I handled in Srilanka, Pending Salary for which I worked in Srilanka which almost accounted to 11.5 lacs. I request him to pay pending arrears through email and he came to my home and gave cheque for 7 lac and I deposit it for collection but it returned as Exceed Arrangements. He gave a false complaint police, so CSR was filed by police and upon enquiry it was proved that he has given only one cheque. The CSR was closed as compromise affected. Now he approached court for FIR direction under section 156(3) surpassing the entire early complaint to police. The inspector has hidden the CSR filed by him early and filed FIR against me under section 294(B), 406, 420, 381 & 506(1). Now my case is numbered as CC Kindly let me know whether there is any judicial remedy in this scenario to quash my charge sheet in high Court.

Advocate Saravanan answered
you can very well approach the honorable high court for quashing the cc undet section 482 of cr.p.c for elucidating the real facts and get it to be quashed by relevant. documents and proper evidence and you will get remedy there