Loan default
4 months ago
Hi sir m from Surat
Mera personal loan hai 3,20lkh and 3.30 lakh ka same bank se par 3 month se job nai hai to bhar nai paaunga to blank cheque liya hai
Agar 138 ka case hua to kya Karu
Mai rent pe rehta hu or office bhi change ho gaya hai or recession ki wajese job bhi nai hai
To kya mai adress change kardu number bandh kardu
Or suppose court se summon Aya
Par Mai waha par rehta hi nai hu to us case ka age kya process hoga ?
Warrunt issue hoga yaa case side kar Diya jayega jab Tak new adress na mile
Ya case close ho jayega plzz suggest kare
A.Dear Client,
When a person issues a blank cheque as security against a loan and in the absence of any agreement, the cheque receiver or lender holding the said cheque is free to present the same for encashment on any date by putting a date and amount on the cheque and if the cheque is dishonored or bounced for any reason, then holder of the Cheque can file a criminal case against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented in the bank. Thus, a security cheque issued for the repayment of a loan would be mature for presentation upon the default of repayment of a loan and upon dishonor of such a security cheque, the same would lie under the ambit of Section 138 of the Act. A legal notice has to be served on the drawer of the cheque within 30 days of the instance of dishonor. The purpose is to give the drawer of the cheque a proper notice regarding the dishonor of the cheque irrespective of the reason behind the dishonor of the cheque and a chance to repay. The notice here specifies a 15-day time to repay the debt amount. Cause of action arises when notice is served on the drawer and the drawer fails to make payment of the amount of the cheque within 15 days. A blank cheque leaf, voluntarily signed and handed over by the Drawer of the cheque, which is towards some payment, would attract presumption under Section 139 of the N.I. Act, and the drawer of the cheque will be held accused under Sec. 138 of N I Act, 1938. In case the Bank files a case under Sec,138 in the Court and issues notice at the recorded address and it returns back undelivered on repeated occasions, the Court may issue a warrant of arrest against you and you would face a worse situation apart from other consequences. Reach out to an Advocate for guidance and steps.
When a person issues a blank cheque as security against a loan and in the absence of any agreement, the cheque receiver or lender holding the said cheque is free to present the same for encashment on any date by putting a date and amount on the cheque and if the cheque is dishonored or bounced for any reason, then holder of the Cheque can file a criminal case against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented in the bank. Thus, a security cheque issued for the repayment of a loan would be mature for presentation upon the default of repayment of a loan and upon dishonor of such a security cheque, the same would lie under the ambit of Section 138 of the Act. A legal notice has to be served on the drawer of the cheque within 30 days of the instance of dishonor. The purpose is to give the drawer of the cheque a proper notice regarding the dishonor of the cheque irrespective of the reason behind the dishonor of the cheque and a chance to repay. The notice here specifies a 15-day time to repay the debt amount. Cause of action arises when notice is served on the drawer and the drawer fails to make payment of the amount of the cheque within 15 days. A blank cheque leaf, voluntarily signed and handed over by the Drawer of the cheque, which is towards some payment, would attract presumption under Section 139 of the N.I. Act, and the drawer of the cheque will be held accused under Sec. 138 of N I Act, 1938. In case the Bank files a case under Sec,138 in the Court and issues notice at the recorded address and it returns back undelivered on repeated occasions, the Court may issue a warrant of arrest against you and you would face a worse situation apart from other consequences. Reach out to an Advocate for guidance and steps.
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A.Dear Client,
As for changing your address and contact number, it's advisable to update the bank with your current details to maintain transparency. Ignoring legal proceedings may lead to complications. If you receive a court summons and are unable to attend, it's essential to inform the court about your changed address promptly. Non-compliance may result in a warrant being issued. It's recommended to seek legal advice to understand the specific implications in your case and explore options for addressing the situation legally and responsibly. Ignoring the issue may exacerbate the problem, so open communication and seeking guidance from a legal professional are crucial steps.
As for changing your address and contact number, it's advisable to update the bank with your current details to maintain transparency. Ignoring legal proceedings may lead to complications. If you receive a court summons and are unable to attend, it's essential to inform the court about your changed address promptly. Non-compliance may result in a warrant being issued. It's recommended to seek legal advice to understand the specific implications in your case and explore options for addressing the situation legally and responsibly. Ignoring the issue may exacerbate the problem, so open communication and seeking guidance from a legal professional are crucial steps.
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