Advocate Shiva Komara

Questions Answered by Advocate Shiva Komara

Q: Police not filing complaint in case of cheque bounce

I Have gave the money to third party for the Business Purpose but the concern is they are not returning the amount even they are not responding to the calls. So i deposited the cheque for the amount which i should get but it was bounced due to insufficient funds then i approached the local Police Station but they are not taking complaint.

Advocate Shiva Komara answered
yes, police shall not lodge FIR in this case. because it is a non cognizable offence. so you can file a complaint before the appropriate court as per the procedure prescribed u/s.138 and 142 of Negotiable Instrument Act.

Q: Remarriage after suicide of wife and pending harassment case

Got married in 2006. My wife committed suicide in 2016. Her parents have put gruhahimsa case on me. Have two daughters who are with their grand parents. They are not allowing to see my kids also. Now the case trial has not started yet. Recently i have got marriage proposal. Can i marry again? Pls confirm.

Advocate Shiva Komara answered
yes. If you are a Hindu, you can marry again as per Hindu marriage Act,1955 . and it is not applicable to remarry whether the case is pending before court or not. and take into the custody of your children is discretion of the court.

Q: What do I do if boy has cheated me, taken money and is blackmailing me

I am 25 years and I was in a serious relationship with a guy who is three years younger to me since 2017 January (1year). He agreed for marriage and spoke with his mother as well. She asked to wait till his studies get over. Last month I came to know that he was cheating on me. He took an amount of 25,000 from me last November,2017. Now when I am asking for it he is telling that he will not give and started blackmailing me that he has nude pics of mine and will ruin my life. I went and told his mother all this. He got angry and came to my house and told my parents that I am torturing him a lot and lied that I keep sending him pics of mine. I stay in hostel and hence didnot know he was with some one else. He cheated me and now not returning my money. His mom is scoldingme that it ismy mistake of behaving in this manner. She is telling how can a girl to that extent of having sex with his son. My parents scolded him very badly.He shared my number in a porn whatsapp group3weeksbac.plzhelp

Advocate Shiva Komara answered
If you want to does't maintain relationship with him, it is right time to lodge FIR against him under S.66E IT Act, S.354C,S.420,S.383 & S.376 IPC. sure you will get your amount along with criminal remedy also.

Q: Brother's murder case closed without any information

Hi I just wanted to can murdered case get closed with out sign of the person who put complaint on the criminal case

Advocate Shiva Komara answered
yes, it can be close with out the signature of the complainant. but before closing the case, it requires issuing notice to the complaint. reference case "bhagwat singh vs commissioner of the police and another,1985 AIR 1285,SCR(3) 942". if it is in state of Andhrapradesh , police issue notice under form no 70 of the AP Police manuals. thank you.. have a good day..

Q: Procedure to file a cheque bounce case against an insolvent person

Cheque given by my customer had bounced and that person had sent me insolvency petition .Now what can i do

Advocate Shiva Komara answered
however you have right to file a case under S.138 of negotiable instrument Act. as per this section there required two grounds 1) whether it is legally enforceable debt or not? 2) insufficient funds. so, to the criminal liability first you can file a case with in limitation, don't make neglect. have a good day..