Advocate Vishal Khandelwal

Questions Answered by Advocate Vishal Khandelwal

Q: Two real brothers got married to two real sisters...now 498

We are two real brothers married to two real sisters... Now the younger sister has put a case of 498 and 323 on my brother and parents (not on me). My wife(real elder sister to my brother's wife) also left me and now she has also given statement that my brother and parents were asking dowry from her sister and beating her. I want to understand the legal consequences on:- 1) As both are real sisters naturally both will support each other. Does her statement be considered in court as she was also living in the same house ? 2) If I give my statement as I am also living in same house.. Will it make our case strong? 3) Both are asking us to leave our parents and stay in rented house whereas my wife is asking to leave the city?

Advocate Vishal Khandelwal answered
Answer 1. yes her statement will be considered in court. 2. you has not mentioned that from which side you will give your statement. If you give the statement in favour of FIR than the prosecution side will be strong and if it is in favour of your parental family than it will support the defence side.3. it is totally up to you that you will want to go with them or not, what is right or wrong, you know better.

Q: How to get final report of my stolen car from court

I need the Final Untrace report of my stolen car from the court. My investigation office submitted the report to the court and asked me to collect it from there. Do I have to hire a Lawyer or Can I get it by myself? If I can get it myself... To whom I should contact in the court? which department or any specific timings for the particular case? Please help me.... it has been more than 3 months for my FIR. I need to submit a Final untraced report to get the insurance claim.

Advocate Vishal Khandelwal answered
You have to hire a lawyer for getting the FR of your report if that is submitted to the court and it was duly registered by the PO. And it is about 3 or 4 days process to get that from Court. That is a certified copy.

Q: Can there be a compromise in a criminal case after evidence

criminal cases me intact evidence Ho Jane par compromise ho sakta hai

Advocate Vishal Khandelwal answered
yes it can be done in the compoundable offences and in family matters and you can go for this at any stage can be settled through Lok Adalat. but in the serious offences compromise can be done only through the high court but not in the cases of the offences which are harmful for the life of a person. This differs as per the category of the offence.

Q: How to file a recovery suit for recovery of professional charges

I am a consultant dealing in subsidy from Govt. of India. I have facilitated one of my client in getting subsidy from GOI. The client received his subsidy during May 2016. I have a signed Authority and Fees Letter from the client on the company's letter head. He has been avoiding to pay my professional charges since May 2016. The client is based in Faridabad. What do i do to recover my professional charges.

Advocate Vishal Khandelwal answered
Firstly you have to give him a legal notice then if he will not pay the dues then you can file a money recovery suit advance civil suit and also you can file a criminal complaint in a police station against fraud played to you.

Q: What is the remedy in case of a cheque bounce

Dear Sir, I had given a cheque to a person from whom I have borrowed money. But unfortunately the cheque bounced.Now that person is going to the local police station Sub Inspector to give complaint. I am worried police will come to my workplace. What should I do? Please help.

Advocate Vishal Khandelwal answered
You have to give a legal notice within 30 days of the knowledge of cheque bounce and then after receiving the notice if he will not pay the amount within 15 days of receipt of notice than you can file a suit u/s 138 NI Act within 30 days from the 16th day of receiving the notice.