• Received 138 summons from bank for PL security chq

I have taken PL from bank and my ecs got bounced but I paid them on month on month on some other day by either neft or giving cash to collection person. 
Bank deposited security chq which was given to them while taking loan which got bounced. 
One day I received court summons by speed post to attend metropolitan court on 29th October 2018.
I called up bank and asked them if any dues pending they said your emi payment is not due but ecs bounce penalties pending, so I went to loan branch and taken a loan account statement and paid the penalty amount by cash 15days before the date of appearance date. Now there is not any extra amount to be paid in my loan account but the future emis.
My question is now do I need to appear in court personally or case automatically gets shut as there is no overdues on me from that loan account, just want to highlight the amount as per summons was 13000 but when I have taken statement the amount and panties showing was less, around 10k which I paid. Please guide me
Asked 4 years ago in Criminal Law
Religion: Hindu

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14 Answers

Sir you have to appear before the court and your reply has to be filed that there is no debt due to bank the debt is cleared. You need to take the copy of complaint from court and reply to same has to be filed stating no legal debt is due to bank the counsel of bank will agree to you and the case can be compounded at this stage only.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

If the bank does not withdraw the case then you will have to appear before the court and give the statement that there is no legally enforceable debt now and as such the case is required to be withdrawn.

You may just go to the court on the next date and see if the bank withdraws the case or not, if the bank does not withdraws the case then on the next date mark an appearance before the court and give the statement.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi, the bank officials can withdraw the case on next the date of hearing ..It is advisable to talk to the manager and mAke them withdraw the complaint ,otherwise you have to appear and take bail ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

once you paid the notice amount, hence no case.

you should send reply to bank withdraw the case, if they refuse then engage an advocate and file in the court a statement of your A/c showing proof of payments to the Bank and further make a submission to the court that the case may be dismissed as you discharged your liability since the repayment was done quite earlier to receiving first notice itself and the Bank has unnecessarily and without a cause of action filed a complaint against you.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) you need to appear in court on 29 the October

2) bank has to with draw case as full amount has been paid

3) if bank does not with draw case you have to apply for and obtain bail from magistrate court

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1. Cheque Bounce case is a "criminal offence" and the Accused has to compulsorily attend court, ELSE court will issue arrest warrant.

2. Bank is the Complainant AND ONLY the Bank can withdraw the criminal case, IF Bank has received its dues. Till such time, you have to attend the court dates.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. When you paid the amount in cash did you take an acknowledgment from the bank? If the acknowledgment is not obtained then bank may refuse to own it up in the court. Ideally, you should have paid the amount only in court through a cheque but it seems that you acted without seeking any legal advise.

2. There is nothing such as automatic shut down of the case. Bank has to withdraw the case and only then it will be over.

3. On the date of hearing you have to firstly obtain bail. So appear with your lawyer and a surety.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. You should have first made then withdraws the case and then made the payment or should have made the payment in court on the day of your appearance.

2. Now they on receipt of your payments is obliged to make the payment and if they do not then you will have to face the full trial and prove that o amount remains due.

3. Anyway before making much apprehension first approach them to withdraw the case . Otherwise you will have to appear on the date fixed and take bail i default of which the court can pass warrant of arrest.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Ask the bank to withdraw the 138 case since you have cleared all pending dues

But they may not withdraw case for reasons best known

So prepare a reply stating that all dues are cleared and the matter has therefore become infructuous

Submit it to court and request to dismiss the case

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Hello,

You should ask the bank to withdraw the case but would suggest you to appear in person and inform the court with relevant documents to dismiss the case.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

You need to approach to the bank first and clear the ECS bouncing charges if any and let the bank agree in your support and testify in the court at the time when you appear so that case may be dismissed.

In case of ECS it is your responsibility to make sufficient fund in your bank account so as to clear your ECS every time if your ECS gets bounced you will be ending up with the cheque Bounce charges and interest for those period the EMI is outstanding

One must be very careful while financial transactions due date appear to clear the liability

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Client,

There wont be any automatic dismissal of case, you have to appear in court and submit the facts. Further this case is not maintainable.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

My question is now do I need to appear in court personally or case automatically gets shut as there is no overdues on me from that loan account, just want to highlight the amount as per summons was 13000 but when I have taken statement the amount and panties showing was less, around 10k which I paid. Please guide me

Since you have cleared all the dues to bank, the bank should actually withdraw the case stating settlement made out of court.

If not then you may appear before court and produce the receipt for having paid the entire due amount and seek to dismiss the case.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

This is my response to you:

1. If there is not amount pending then the case should be dropped;

2. Ask the bank to withdraw the same;

3. If they do not withdraw, appear on the day and show proof to the court that payment has been made by you;

4. The court will dismiss or dispose of the case;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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