Advocate Teena P Bajaj

Questions Answered by Advocate Teena P Bajaj (25+ answers)

Q: Rent and deposit refund from landlord

I visited a house property for renting.I finalized property and landlord forced me to give him one rent + deposit advance without taking possession of house.I gave him me money through upi.then due to unexpected job transfer I didn't take that house and asked owner for refund on the second day but owner refused to give money. I have been calling him and the broker for refund but they are ignoring me.What are legal steps can I take.? Can I send home legal notice for 420 and also cyber fraud

Advocate Teena P Bajaj answered
There are multiple recourses and remedies available for your issue at hand. If you’re willing to recover the money, a legal notice through Advocate is advised and if you want the person to face criminal proceedings, file an FIR with professional help of the Advocate.

Q: "138 NI Act case – Cheque issued closed account"

"Bank presented my security cheque in 2023 for a loan, but the account was closed in March 2021 as per RBI guidelines. Amount/date filled by bank. Can 138 NI Act still apply, or can case be dismissed?

Advocate Teena P Bajaj answered
It depends upon the communication taken place after the drawer of the cheque has closed the bank account of which the cheque was drawn. The law is always to be read in full and not in parts with the set of facts supported by the documentary and other evidences. Kindly gather them and consult.

Q: Bail- extension of imprisonment

My relative has lost case. He took money of 5 lakh from local illegal financer ...he took sign of my relative on blank cheque that time. My relative paid some due in cash to finanser but failed to pay remaining amount..so they filed case against my relative many years back.Yesterday judgement came from local court that my relative has to pay 11 lakh rs in month or six months imprisonment.My relative suffering from liver soraisis disease and her daughter's marriage is in December. What to do?

Advocate Teena P Bajaj answered
One may be advised to prefer an appeal but without looking at the trial records, judgment, evidence to show marriage of daughter organised and medical records, no concrete advice can be provided. Since, the judgment has been pronounced recently, you are advised to get the certified copies and in the meantime to consult with the documents sought to be referred hereinabove.

Q: Kidnap of brother by construction material vendor at baghodara highway

Hi My name is Rashu My brother has been taken from the site by construction material vendor person since yesterday night with his car.He was all alone and four to five people are threatening him to death for their money 2.5 lac.We cannot pay this much today itself. We are trying to arrange 50 percent payment.they are saying we need complete money now or we will not release your brother.we are law abiding people we are not denying we need some time pay full payment but help me to get my brother

Advocate Teena P Bajaj answered
Sir/Ma’am,This is a clear case of abduction/kidnapping and extortion. Rather than making arrangements for the ransom demanded, you should immediately go to your nearby police station along with CCTV footages (if any) and details of the car used for abduction and contact details from which the kidnappers are communicating. Please state all the facts and details in your complaint. This act amounts to cognizable offence and therefore the police will file an FIR. In case any further assistance and professional advice are required, you may feel free to connect

Q: Fir quashing under bns 74- regarding

A girl of office filled a complaint against me under section bns 74. I have granted anticipatory bail by session court. I have witnesses in support of my innocence. What are the chances of quashing of my FIR. Please suggest me a best lawyer in this regard in ahemdabad.

Advocate Teena P Bajaj answered
The quashing of an FIR essentially depends upon the specific facts, allegations, and legal ingredients contained within the FIR itself. Every offence under law has certain essential ingredients which must be clearly and specifically stated in the FIR for it to disclose a prima facie case against the accused. If these necessary elements are absent, vague, or merely based on suspicion without supporting factual foundation, the FIR may not stand the test of scrutiny before the Hon’ble High Court in proceedings under Section 482 of the Code of Criminal Procedure, 1973, new Section 528 of the BNSSTherefore, the most prudent approach in such matters is to first carefully examine the FIR in its entirety. A thorough reading will help identify whether the allegations, even if taken at face value, actually constitute an offence under the relevant provisions of law. This process also allows one to assess whether the FIR suffers from contradictions, exaggerations, or is lodged with mala fide intent or ulterior motives.Only after this detailed examination can it be determined if there are adequate grounds to seek quashing. Without this analysis, any opinion would be speculative and incomplete. Hence, reading and analysing the FIR is the essential first step before advising upon the changes or grounds for quashing.