• 138 ni act

Sir, i am getting a vehicle in loan from indusind bank ltd, balasore BRANCH,ODISHA, against 24 post dated cheque, 
i have bouncing 6 cheques but now bank is file a case worth amount: rs:5610/- against 3 cheques.
now i am ready with a dd in favor of bank amount rs:5610/- & try to submit at court, but bank lawer is denying to receive the dd, they are demanding rs:25000/- including penalty. they are not taking the case amount they are demand entire amount worth rs:25000/-  now what can i do sir please assist me. i am hope less
Asked 2 years ago in Criminal Law from Balasore, Odisha
you can deposit this amount asking judge for a compromise. bank lawyer may not be excepting your proposal because he want to avoid filing cases for rest of cheques &want full &final settlement. for brief you may call me
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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write a letter to them stating that you want to pay the amount and they are not receiving it,if you want hire a advocate and make a payement in front of magistrate on the next day,keep copy of the the letter and the copy of sped post sent b you
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
are you legally bound to pay 25000 as per there demand
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
have you received any legal notice from them for payement
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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when did your cheque got bounced,all 3 of them with there respectives dates
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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it is mandatory that they give notice with in moth of cheque bounce to initiate proceedings under 138ni
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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ok,then you can give statement that you are ready to make the pyment of actual amount due
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
in front of the judge where the proceedings will start
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
not required
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Bank is refusing to accept the DD proportionate to the amount of EMIs because it is apprehensive that cheques for further installments may also bounce in a similar manner. Since the case has been filed by bank you should appear in the court through your lawyer and submit that you are willing to pay the amount of cheque. 

If you file a case against bank then your legal expenses will exceed the amount that you intend to save.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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