Cheque bounce against home loan emi Cheque bounce against home loan emi

2 years ago

My wife left her matrimonial home within 4 months from the date of marriage. I brought her back with the demand that i purchased a builder floor and made 50-50% owner to me and my wife. The loan was also a joint loan. After shifting, I was beaten by my wife badly and was hospitalized. I have filed a police complaint against her. Now, i have stopped paying EMI for that floor and not living in that floor anymore. After a year, the bank has issued a notice against me of section 138 NI. I am co-operating with bank staff and informed them everything,but they are not listening to me anymore. Kindly suggest that what should i should. There are another false cases going on which my wife had filed against me like 498, 406 etc. Plz suggest me for bank related issues. I have also informed bank staff to take possession of it and sale it out but they said that they will have to follow the complete process.

Sidhaarth

Responded 2 years ago

A.Details are required to be examined. How and why bank should be concern to your dispute with your wife? Bank has paid amount so bank is entitled to recover the same with interest, cost, expenses from you and your wife. You have to discharge your portion of liability towards bank. In regard to cases filed by wife firstly secure bail in order to safe guard yourself and other accused persons. Notice issued under section 138 NI Act or case under section 138 is not maintainable.
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Vidhi Samaadhaan Vidhi Samaadhaan

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Hello
Aap ne apni property ko wife ka naam dalte time nhi socha ki jo mere sath pahle hi jagda kar rahi hai vah kya baad me sahi rahegi.
Aap ne jab bank se loan liya tab aap ke dawra apne naam ke check hi diye honge. Isliye jab aap ke dawara EMI nhi di gai tab aap ke dawara diya gya check bounce ho gya hoga isliye bank dawra aap k khilaf 138 ka case file kiya hai.
Aap ki wife dawara aap ke khilaf criminal proceedings bhi ki huai hai. Aap ko unko solution karne ke liye apni wife se baat karni chahiye. Agar aap ka problems solved nhi hota hai tab aap ko problems ka samna karna hoga. Isliye aap married life kobhi and flate ko bhi bachaye.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
If you are ready to pay the cheque amount along with interest and cost as assessed by the Court by a specified date, the Court is entitled to close the proceedings. If you are not wiling to pay the amount, you can approach the court and court may order for the forfeiture of your property.
Thank You.
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Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 2 years ago

A.I would suggest you to talk to your wife and settle your matrimonial matter because even if flat is to be sold you will have to obtain consent of your wife. Anyhow regarding 138 matter you will have to approach a lawyer who can file a reply to your legal notice and further if required fight case on your end in the Court if bank officials are not listening to you. But it is suggested that you shall talk to bank manager in person and explain him your side and seek any solution from him to close this matter for once. Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Your proposal to take possession of the property and to auction it is reasonable. If any cheque bounce case id filed you can approach High Court and get it quashed on several grounds. You can also protest the complaint lodged by your wife by filing discharge application.
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