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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.
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Advocate Simi Paul

Responded 4 years ago

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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
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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
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Mrighankhi Chakraborty

Responded 4 years ago

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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
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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
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Rameshwar Dadhe

Responded 4 years ago

A.You will need to pay immediately. Because they are on right way
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