Advocate Shekhar Milind Patil

Questions Answered by Advocate Shekhar Milind Patil

Q: Section 25 PSS Act notice – govt employee

Govt employee in Maharashtra. NBFC app loan e-NACH EMIs bounced; lenders sent Section 25 PSS Act notices (15 days). 1) If I pay only the bounced EMI within 15 days, am I safe from a criminal complaint even if the full loan is recalled? 2) If a complaint is filed in another state, can I get exemption from personal appearance? 3) How can a conviction affect my govt job? 4) How to respond to online arbitration notice?

Advocate Shekhar Milind Patil answered
Hello,1. Paying only the bounced EMI:Yes, paying the bounced amount (plus bounce charges) within 15 days of the notice should protect you from a criminal complaint under Section 25. A loan recall is a civil matter. Pay by a traceable mode and keep proof. A fresh bounce can lead to a fresh notice.2. Complaint in another state:Yes. Your advocate can apply for exemption from personal appearance or for appearance through video conference. The court may still call you for the framing of charge.3. Government job:A conviction can lead to departmental action, and in serious cases dismissal. Dishonour cases are usually treated as less serious, but the department decides. You must inform your department of any arrest or conviction.4. Arbitration notice:Do not ignore it, as an ex parte award can be enforced against your salary or bank account. Reply on time, ask for the loan agreement and records, and object if you never agreed to arbitration or if the lender alone appointed the arbitrator.Please send me the notices and the loan agreement so I can guide you further.Regards,Shekhar M. PatilAdvocate

Q: Maintenance Case Perjury Case File

Just is not allowing to file perjury application in court. Any alternate way to file perjury case on the complainant

Advocate Shekhar Milind Patil answered
Hello,Please ask your lawyer to file the application in court and get it officially taken on record. If the judge still refuses, ask your lawyer to get the refusal written in the court order, so that it can be challenged in the higher court.Regards,Shekhar M. PatilAdvocate

Q: Request for Location records of complainant

Hi, My wife has alleged us in her false bns85 case that she has given 3 lacs to my family at her parents house on a specifically mentioned date. While from what i can recall she was at my house on that day. Can I request in court to investigate her location records for 10 Dec 2023, which will prove her false. Is it possible to get location records from 2023?

Advocate Shekhar Milind Patil answered
Hello,Yes, you can apply to the court to obtain her location records, but 2023 data is likely unavailable.Why - Telecom operators usually keep tower location data for only 2 years, so records for 10 Dec 2023 have probably been deleted. Ask the operator in writing, and if the record is gone, place that reply on record.How to apply:-File an application before the Magistrate under Section 94 BNSS. Apply during investigation or at trial, as courts may refuse defence requests at the charge stage.What to do instead:-- Check your own Google Maps Timeline, photos and cloud backups for that day.- Collect witnesses, chats, UPI or card payments, and CCTV or social media posts placing her at your house.- Ask the court to call for her bank statements. If she gave ₹3 lakh, she must show the withdrawal, and you can show no such receipt.Please share the FIR or chargesheet so I can advise further. This is general guidance, not advice on your specific case.Regards,Shekhar M. PatilAdvocate

Q: Discharge petition after framing of charges

I have received an important evidence to contradict charge sheet. I have not applied for discharge petition and charges have been framed in last hearing. Next hearing is for fixing schedule of prosecution witness. Can I file discharge petition now? Will judge allow. Can I go to high court for quashing now at this stage? Please reply and help me

Advocate Shekhar Milind Patil answered
Since the matter has already proceeded for trial and charges have been framed, the trial court can no longer accept a discharge petition. Your best option at this stage is to approach the Hon’ble High Court and file a petition for quashing the charge sheet and proceedings.The High Court has the inherent power to consider new, outside evidence if it is unimpeachable and completely disproves the prosecution's case. You should act quickly before the next hearing to file this petition and request a stay on the trial court's proceedings.