• Personal loan issue

I took Tata capital 4 personal loan and since several year I used to pay correctly even few time it top upped and added the loan from one account to four account.

Last year , I had a big business issue and not able to pay.

Now I got a letter from court summon under 138 of negotiable act and I have to appear in the Bangalore court SCH-21 XViii ADDL JUDGE COURT OF SMALL CASES . I am in Chennai , I don’t know what to do.
 
I remember I did not give any guarantee cheque and the loan was ECS only. How the personal they take in to that , I started to search the job and few more month required to plan the payment and recently I had a heart attack and did angio plast took rest few month.
Asked 5 hours ago in Criminal Law
Religion: Muslim

2 answers received in 1 hour.

Lawyers are available now to answer your questions.

3 Answers

Without issuing a cheque (even it may be security cheque), they will not be able to initiate cheque bounce criminal case against you.

For your information, it is mandatory that they will serve you a legal notice demanding the cheque payment before filing the cheque bounce case, if you had ignored the legal notice and failed to even respond then they are within their rights to file the cheque bounce case.

You may engage a local advocate and challenge the cheque bounce case on merits or settle the matter in look adalat after appearing in the cheque bounce case to avoid legal consequences. 

T Kalaiselvan
Advocate, Vellore
90624 Answers
2523 Consultations

You should  appear in  court on said date 

 

if you don’t appear court will issue bail able warrant against you 

 

engage a local lawyer and apply for exemption until further orders 

 

enclose medical certificate that you don’t keep good health had heart attack and underwent angioplasty 

 

obtain copy of complaint filed by company 

Ajay Sethi
Advocate, Mumbai
100420 Answers
8212 Consultations

Even in ECS the payment and settlements Act which is identical to Negotable instruments act

Prashant Nayak
Advocate, Mumbai
34979 Answers
255 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer