Advocate Vivek Rathi

Questions Answered by Advocate Vivek Rathi

Q: Procedure to send legal notice for the cheque bounce

I want to send notice for Cheque bounce. How t o initiate for this notice? What are the charges for notice and case?? How much time it will take to resolve this case??

Advocate Vivek Rathi answered
Cheque bounce cases are very technical in nature, one should always sensitive about the time line. Charges for 138 notice is minimum 2100 rupees plus clerical charges. As far as whole case time period is concerned it may vary court to court and case to case.

Q: Registry of flat on wife's name but loan on husband's name

Purchasing the flat I am paying the loan, but I want to get the flat registry on my wife name. Is it possible?

Advocate Vivek Rathi answered
If you are paying money for some property then ethically you should get it registered on your own name else you may trapped under venami transaction. Moreover, you may get the property registered on joint name.

Q: How to file for a cheque bouncing case

A client had given me a PDC cheque for a certain amount before the commencement of our buz relationship 2 yrs back . Based on that PDC due credit was extended over the years. He is now refusing to make the payment . Can such a case be filed under NIA after his cheque gets bounced ? Can an FIR be separately lodged under suitable section which is non bailable ? Can he be booked for criminal breach of trust , dishonesty , cheating ?

Advocate Vivek Rathi answered
Well If cheque has no date then you may put current date and can get the cheques bounced, no need to tell that said cheques were given two years back. NI FIR is required just file cheque bounce complaint before the appropriate court, you will certainly get relief.