Hello

issuance of a cheque means that the same has been given against some legally enforceable debt and as such as of now you can’t escape the proceedings of the 138.

tender a reply to the legal notice and ask them for some time and see if there is an arbitration clause in the agreement that took place between you and the bank.

Regards

The loan amount has to be paid by you. You must have some collateral against the loan. Tye bank would realise its money either from there or it will file a  case against you under s 138. Now in order to escape jail term apply for bail in case they lodge a case and offer to pay in instalments.

Regards 

You have to appear before court and defend your interests.

You have availed loan hence you have to repay the same.

You can borrow time for repayment.

Or else you may have to face court in the cheque bounce case 

Bank will file case against you on account t of dishonour of cheque 

2) apply for and obtain bail from trial court 

3) cheque bouncing cases take 5 years to be disposed of 

4) in the event you find a job and have money apply for compounding of case 

You can’t escape from the proceedings of  138 initiated by bank even other wise the bank stop the proceedings. When the bank file the Cheque bounce case you should appear before the court and take bail. You can get time for settle the matter .

1) Kindly request bank to extend loan tenure further and pay them minimum amount which will be negotiated in the meeting. Tell them you're unemployed feom last 6 months. Still finding job, however you're struggling to get same.

2) You have to give this in writing answer to bank's notice and mentioned that you have received this notice and answering to their notice.

3) Meanwhile take some help from relatives and adjust to pay minimum amount.

See there is legal debt and you cannot escape it the only way is to settle with the bank otherwise the bank shall initiate the action and further more now after amendment in negotiable instrument act the court shall after first hearing ask you to deposit any amount around 20 percent before you can contest the case,

1. Well, you had taken the loan and hence you are obliged to repay the loan both legally as well morally.

2. Now in the 138 NI Act the debt if proved which is most likely then the repayment may be 2 times in addition to sentence to jail.

3 So negotiate with the bank and make them convince for a lesser amount. Your status as unemployed person is no excuse.

1. Since the 15 day period to repay the amount covered by the cheque has expired on 31.1.2019 the bank can now file the criminal complaint case under Section 138 of NI Act within 30 days.

2. ON being summoned by the court you will have to firstly obtain bail to the satisfaction of the court.

3. In a cheque bounce prosecution there is a presumption against the drawer that cheque in question was issued by him to discharge a legally enforceable debt, and the onus is on the accused to rebut this presumption. In the factual scenario mentioned by you it will be practically impossible for you to rebut this presumption. Seek an amicable settlement.

1. The validity of Bank Cheque is Three months. Further Banks are not entitled to take Blank cheques, since this means that Banks are going to intimidate & threaten you by filling in any amount and any date on those blank cheques.  Further you can take the plea in court that the Three cheques given were for SECURITY Cheques and not cheques for your liability.  Security cheques do not attract 138 section prosecution.  Talk to your local criminal lawyer on this.

2. IF 138 notice is received by you, THEN it means Bank will soon file case in local magistrates court, for which you will have to face trial /prosecution through your lawyer. There is no simpler solution, but to talk to bank for a settlement and ask for more time for re-payment.

Keep Smiling .... Hemant Agarwal

No need to worry. 

Approach the Court and seek some more time from them to clear your dues. Explain them your current position. 

You just need to show to the Bank that you are still ready to clear your debts, and you are not the one who will abscond. Based on this, the Bank should not hesitate in granting extra time to you.  

Dear Client,

As of now, you cant do anything, bank will surely file complain in court of cheque bounce within a month. For delaying the issue reply to bank that deposit cheque after few days for encashment. Even if complain filed by bank, it will take few months to proceed in case. Till than you can clear the bounce payment and rest will payable in same emi way.

1) According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both.

2) you have a contract with the bank to repay it, as per the terms and conditions agreed upon. If you do not make payment to the bank then the bank will first issue you a legal notice and will ask you to make payment. If you still fail to do so the bank will start a recovery proceedings against you which takes alot of time.

The issues that you will not be able to escape but you have to appear before the court and agree that you have the outstanding but eventually you are able to pay so the Court and may fix EMI for the entire amount which may be agreed by you to escape from the panel punishment

Dear Sir,

It involves legal questions as to whether the cheque was issued prior to crediting amount into your account,  if not it will be considered as cheque issued without consideration.  Thus file 482 Cr.P.C petition for quashing of such 138 proceedings. 

1. As per the information mentioned in the present query, makes it clear that you have the intention to pay the amount, but can’t due to unemployment for the time being.
2. As you yourself has stated about the NPA etc. then you also have an idea about the cheque bouncing cases.
3. If they happen to file any such case then I advice you to contest it , so that you may get some time and job in the mean while and I am sure your matter would go for mediation then you say that you would pay the amount but in some instalments as you can’t say no to bank for the same.

Only through negotiation, you can achieve as all legal doors not favouring you. Talk to bank and get some more time till you get the job. 

You need to face the trial. Appointment a lawyer reply the notice and contest the case