Personal loan EMI - Complaint was filed under section 200 of CrPC Sections 25
1 year ago
I took a personal loan from HDFC bank, as I don't have job now I couldn't pay the EMI for 4 months. I received a summon from the magistrate for the Complaint filed under section 200 of CrPCR/W sections 25 read with section 28 of the Payment and Settlement System ACT 2007.
I am going to communicate to the HDFC bank nodal offices or such, showing them the proof of reliving letters and form 16 details, that I really don't have work, that I am not a willful defaulter, neither did I forge any documents and that I am open for the settlement provided I will need atleast an year or so.
My question is can the complainant withdraw the complaint assuming they are convinced with the above facts which I shall communicate to them ? I.e can the summon be recalled or withdrawn so I don't have to go the court?
You must first post bail before going to the bank and requesting that they withdraw the lawsuit since they can only do that. You might beg for more time and persuade them to do so so that you can make the payment. Hire a lawyer to act as your representative in court.
Hope it helps
You have to take bail first, then you can approach the bank and ask for them to withdraw the case as they can only withdraw the case. You can ask for time and convince them to give you time to make the payment. Appoint an Advocate to represent you in court.
Thanks & Regards
For that you need to contact the bank/the complainant and solve the matter mutually. Yes, if it is settled mutually, the complain can be withdrawn from the court.
Contact an advocate who can represent you and take the correct decision.
Thanks and Regards
Simi Paul
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