Section 138 NI Act Section 138 NI Act

2 years ago

I had availed a personal loan from HDFC Bank. I was in job and was paying all the instalments well in time. But I lost my Job during Corona period and till date I am jobless. Even then I have deposited some amount whenver I had arrangements.
Now bank has filed a case against me under 138 NI act.

Vaidehi Samant

Responded 2 years ago

A.You are suggested to appoint an experienced lawyer and attend your matter diligently and present your arguments stating your reasons for non-payment and present what all payments you have made basically show that you have intention to make payments and try to reduce your liability as much possible and /or seek necessary time to make the payment towards pending arrears. Thank you.

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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.To constitute an offence under Section 138 NI Act, the following ingredients are required to be fulfilled:

i))A person as a drawer must have drawn a cheque on a bank account maintained by him.
ii)The cheque should have been issued for the discharge, in whole or in part, of any debt or other liability;
iii) That Cheque has been dishonoured upon presentation,
iv) Demand of that dishonoured sum through Demand Notice by the Payee within the Statutory period,
v) No payment on the part of drawer of that cheque within the Statutory period,
vi) Filing of Section 138 NI Act by the Payee witin the Statutory period.

So if any of the conditions as specified hereinabove had not been duly complied by the Payee being the complainant thereof, that can be sufficient ground for dismissal of case but not otherwise. So you have to contest the matter strategically.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Dear client,
As the case filed is for a cheque bounce case, you can try to convenience the bank about the extension of payment with increasing interest rates if possible or will have to explain the situation to the magistrate only.
Thank you
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