Advocate Shikhar Mittal

Questions Answered by Advocate Shikhar Mittal

Q: What to do when cheques given have insufficient balance

MY COMPANY HAS EXTENDED A LOAN TO A PVT. LTD. BUILDER COMPANY FOR A PERIOD OF 6 MONTHS ON A MONTHLY INTEREST PAYMENT. FURTHER, THE LOAN WAS EXTENDED ON MUTUAL WRITTEN CONSENT. NOW, THE LOAN PERIOD HAS EXPIRED AND I AM DEMANDING MY LOAN AND THE BUILDER IS REFUSING PAYMENT. I HAVE CHEQUES GIVEN BY HIM BUT NO BALANCE IN THOSE ACCOUNTS. WHAT SHOULD I DO?

Advocate Shikhar Mittal answered
If the Cheques have been returned by the bank stating insufficient funds, You send him a legal demand notice within 30 days of receipt of the notice of insufficient funds. If you do not get a reply, you should file a criminal complaint under section 138, Negotiable instruments Act, for dishonor of cheque.

Q: How to submit affidavit by plaintiff in consumer court

HOW TO SUBMIT DETAILS OF AFFIDAVIT BY PLAINTIFF IN CONSUMER COURT DRAFT DETAILS HEREOF. HINDU

Advocate Shikhar Mittal answered
Do you mean evidence by way of affidavit? or Affidavit in support of your consumer complaint? Evidence by way of affidavit is at the evidence stage and you have to specifically affirm every fact in the complaint in the form of an affidavit. Affidavit in support of your complaint is just a one page affidavit stating that the contents of the complaint are true and correct. Please email me for help.

Q: Having to pay restitution on a charge that was dropped

If someone was charged with two crimes but one gets dropped And a plea is done, does that person still have to pay restitution for the charge that was dropped

Advocate Shikhar Mittal answered
If that charge was dropped on the basis of a written settlement between the parties then yes. Otherwise you don't have to pay anything. Please give some more information for the query to be answered properly.

Q: Filing case for defamation against an individual by group of people

A person file a case to a group of person by defaming and humiliating them,can that group of person file back the case

Advocate Shikhar Mittal answered
A person filed a false case against you which lead to your defamation and humiliation. and now you want to file a defamation case or a wrongful prosecution case against this person. Is it what you are asking? . If a person files a false case against you and it is proved it was false. You can file a malicious prosecution case against them.

Q: Can a divorce petition be put on hold

I have filed a divorce case on my wife on cruelty ground. She has to reply on my Petition this month in court. My parents have asked me to give my wife another few months. Is it possible to put a case on hold for six months and then initiate it again if required. Also what is the process of simply withdrawing it. Will there be any problem in court if i initiate the proceedings again e.g. do they maintain a record and can my next petition if required be quashed by court because i have withdrawn this in past one time.

Advocate Shikhar Mittal answered
Yes, you can file an application to dismiss your case as withdrawn. But it's unlikely the opposite party, that is your wife will be okay with it. She will file for divorce even if u withdraw. And for the second query, since your case will be dismissed as withdrawn, the outcome of your next petition will not be affected.