Secton 138 in case of Cheque unpaid for Home Loan Pre-EMI Secton 138 in case of Cheque unpaid for Home Loan Pre-EMI

4 years ago

My bank ( HDFC ) is gonna charge me section 138 as my home loan Pre-EMI is being unpaid since last 2-3 months.

Nishant Jain

Responded 3 years ago

A.Your bank can not charge you with anything. Only the court has the power to charge you with a criminal offense.
If you have issued a cheque against a legal liability (loan) and the same cheque is dishonoured, the bank has a right to initiate legal proceedings against you.
The first step your bank will take is to issue you a legal notice to you within 30 days of the dishonour of cheque issued by you.
Best possible solution for you is to approach the bank and settle the matter and make payments.
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

Advocate Simi Paul

Responded 4 years ago

View All Answers
A.Hi client,
Have a discussion with the bank authority and ask for sometime. If you haven't paid the due amount then it is obvious for them to take steps against you.
Thank you
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

saqib gigani

Responded 4 years ago

A.Sir,

There several aspect to the case if there is default in your payment whether it is because of any issue between you and bank ?

Regards,
Saqib Gigani
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

Mrighankhi Chakraborty

Responded 4 years ago

View All Answers
A.Hello Client,

You can have a face to face discussion with your bank manager or who is handling your lone and please try to convince to give you some particular time period within which you would pay them a certain amount and also you can give the bank a post-dated cheque of such amount you are able to pay after a certain period of time.

Thanks & Regards
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

Shreyash Mohta

Responded 4 years ago

A.You either need to settle the matter or else need to take bail at once and thereafter start repayments.
Thanks
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

Rameshwar Dadhe

Responded 4 years ago

A.You will need to pay immediately. Because they are on right way
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 iconCheque Bounce - Recalling Arrest warrant without me or my advocate by the Judge
Dear Client, In case of urgency, it will be open to the parties to mention the matter before the Hon'ble Court even before the scheduled hearing date for urgent listing or preponing the date generated...
question iconEffect of section 25 payment and settlement act on government job
Dear Sir, It is equivalent to cheque bounce case under Section 138 of NI Act. It is only a minor offence inviting minor punishment and between creditor and borrower. Police might not be having knowled...
question iconOur pending payment is 44 lacs against
Dear Sir, You may enter into settlement before the Criminal Court with a liberty to proceed in criminal way if remaining amount is not paid as per the agreed schedule of repayment.
question iconCheating with fake job calls
Dear client, This kind of online fake jobs is being offered and operated by Fraudster companies/entities to extort money from unemployed youths. You already become a victim of that foul play and lost...
question iconNI Act and Money Recovery Suit
Dear Client, A criminal prosecution under Section 138 of the Negotiable Instruments Act against the drawer of the cheque can be initiated by the payee or holder of the cheque on its dishonor by the Ba...