Advocate Vishal Sharma

Questions Answered by Advocate Vishal Sharma

Q: What is the procedure of withdrawal of complaint U/s 498

my wife want to withdraw 498 case filed against of me. According to my advocate , i have to appoint government advocate and he will charge fee.is it right. my wife already gave her statement to withdraw case in district court. but there are other two witnesses.without those statement case can not be refuse.is it right? what should be right procedure to withdraw case.

Advocate Vishal Sharma answered
If it is a case registered on FIR. Then there is no process of withdrawing it. One way is to go to Highcourt and get the FIR quashed on basis of compromise. Other way is your wife and other private witnesses turn hostile that is give the evidence in court in favour of you,for this the government advocate will take money as his duty is to prove the case. He can even get a case registered on the witnesses turning hostile. He is giving u a favour so he will yake the money.

Q: Advice regarding section 304A of medical negligence

Sir I m working in a private psychiatry hospital as an emergency medical officer and a psychiatric patient commited suicide at night in his room while alone when I was on duty. I only found out that he committed suicide by hanging from ceiling fan while I was on round . No hospital staff informed me about this .I tried to save the patient but couldn't. Now family members have registered a case under section 304 A medical negligence against the hospital owner and staff , out of which only I'm being made the scapegoat and psychiatrist, psychologist are being absolved. Family members of pt. say that pt. was kept alone in room and they were not allowed by management but management is being absolved . Hospital's lawyer says it is my bad luck that I was present on duty. Kindly guide what to do and what are my options.

Advocate Vishal Sharma answered
Get a good lawyer of your city that's it. To prove medical negligence is a very difficult task. Take help of police, explain them everything so they put up a weak case against you. More over it is a bailable offence. You may have a lot of time to get in terms with the family members of deceased. After things cool down, they may break their testimony.

Q: New owner of bike is not getting it registered on his name

Hi - I sold a bike and NOC was released as well from local RTO office, however buyer is not getting vehicle registered on his name for quite some time. Is there any legal obligation on me for the vehicle after NOC release. If yes - what legal action can/should I take to safeguard myself. Thanks

Advocate Vishal Sharma answered
In an accident case or any other mishappening you can be made party yo a suit. Though you can prove that you jave sold it, but still you may have to go through litigation etc. So best course is to just force him to get it transferred.

Q: Can the case filed by the company u/s 138 is inadmissible

I had given Checque in favour of a co and was returned . The director of the company in individual capacity has registered case u.s 138 against me. Does the case stay or is the complaint inadmissible in the court of law

Advocate Vishal Sharma answered
Complaint is admissible. company gives authorisation letter etc. for pursuing the case. if the director has totally filed in personal capacity like an individual then it can be taken into consideration. But full facts are needed to comment furthermore.

Q: How to escape from the charges as soon as possible

Me and 4 friends of mine were stopped at a police checkpost and one friend of mine got into a quarrel with one of the police men resulting which he arrest all 5 of us and booked us under IPC 160 and IPC 283 although we are out on bail now but can someone please advice how this case can be closed as soon as possible, we ready to plea to guilty if that can finish this soon and will pay accordingly although just friend got in argument but police booked all under samw charges. Please advice

Advocate Vishal Sharma answered
Just plead guilty and request the magistrate. under section 160 max. punishment is one month or rs. 100 and u/s 283 it is rs. 200. Court will easily leave u with fine but it will be saved in data that u were convicted. Better course is face the trial and may be u will be acquitted.