Help regarding case 138 Help regarding case 138

11 months ago

Hello

My loan account become NPA and bank filed a case under 138, I am getting legal notices both by post and by police person on my address however, i am currently living in different city for work and all notices are being rejected by my family members saying that i am not available and they cannot take any letter on behalf of me.

What will happen in such case, currently i am not in a situation to pay any amount.

Police persons are saying that warrant will be issued if notice are not accepted.

I am very much stressed and in fear. Please guide me what to do.

Also i have taken Moratorium of two years for my loan which will end in June 2023, still bank keep debiting my account and asking for all due amount in one. I have mailed my query many times to bank but got no response till date.

Legal Counsel Vidhikarya

Responded 11 months ago

View All Answers
A.Dear client
In the given situation, surrender yourself ASAP before the Court where Case u/s.138 of N I Act is filled and now pending for hearing to avoid all sorts of unwanted consequences arising out of your default and express your constraints to meet your financial liability.
In case the Court considers your prayer you may be given relief accordingly otherwise you have to face legal consequences for your default.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 11 months ago

View All Answers
A.Hello,
As per the information you have given it is advisable to you reach out to the bank in perosn clear all your issues otherwise you will haveto face serious consequensces.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconFake cheque bounce case
Dear Client, To address a false complaint or false criminal proceedings filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal...
question iconFD as a security for bail
Dear Client, Generally, FD can considered as a legitimate form of security for bail in cheque bounce case. However, in most of the cases it involves specific procedural requisites, wherein, the bank c...
question iconCheque bounce due to stop payment.
Dear Sir, You just file cheque bounce case against him and then let him contest the case and prove his defence which is very hard.
question iconCheque bounce
Dear Client, According to Section 138 of Negotiable Instruments Act, cheque bounce is a punishable offence with an imprisonment of up to two years and fine up to twice the amount of cheque. So, the ag...
question iconCheque bounce case
Dear Client, a cheque bounce case under sec 138 of the NI act must be filed within 1 month of the act and legal notice must be sent within 45 days of the offence, but if the arrest is made 5 years af...