Advocate Shrey Shah

Questions Answered by Advocate Shrey Shah (25+ answers)

Q: Noc from court to issue passport

The court as misplaced by brief papers and they can't find it judge wants to see it. .Now how can I go about to get noc from court for my passport.

Advocate Shrey Shah answered
This is very vague query. pl provide details as to what was the case about? Where was it filed? What was it for? which court? As far as passport is concerned, there is no right to restrict travel of any individual. It is violation of fundamental rights.

Q: Need guidance on under section 138 case file at jaipur

Bank had deposited my one of security cheque for Rs.54.5 lakh without my knowledge at Jaipur. But said cheque bounced due to insufficient fund. Now bank has file case against me u/s 138 at Jaipur. I got summons for the same. I just want to know that is bail required in this case? What would be a bail amount? One more query is that Is Jaipur police personally come to hand over the summons to accused? is it part of procedure?nnPls guide me in this regardThanks & Regards,nDipesh Sn8779690075

Advocate Shrey Shah answered
It is very much part of procedure. summons can be sent personally or via local police. Details like where is the home branch etc are needed. Also why would bank file a 138 case? It should be the other party to whom cheque was tendered. Also bail amount varies from Judge to Judge. No standard formula.

Q: Appellant not appearing for final argument in sessions court

Respected sir / madamnNeed advice from a senior lawyer having lot of practical experience of Cheque bounce cases. I wii be very much thankful to him ever. nI am a respondent in 138 case in an appellet court in Mumbai. The appellant has been harassing me since last 12 years continuesly. He went in appeal in a session court after found guiltya in mm court He has used all possible delaying tactics so far just to harass me out of vendetta. nCase started in 2010 and till today not yet finished. The case is in the final stage in session court but the appellant as well his lawyer is coming on the hearing. nI submitted dismissal of the case application in the court but the court didn't agree for it. What legal options I have now to bring the appellant in the court who has been avoiding several court orders for the final arguments.

Advocate Shrey Shah answered
Sir, we can either challenge the dismissal of application before Bombay High Court or obtaining necessary orders for quick disposal of case from High Court. Please also note that since it is final stage, the court should not allow more than 3 adjournments. If you will be kind enough, Before which judge is it in session courts?