• Cheque bouncing

Dear sir/madam,

I did get loan from Shriram finance Rs-3L and i did pay 10 instalment  after this i was unable to pay.At the time of disburse of loan i did give blank to them now thay submitted to my bank.And my first cheque goes to bounce without any information.now they send me a court summon so tell me what should.

thanks
Asked 3 years ago in Civil Law from delhi, Delhi
Hello,

In your scenario it is better to make payment of the cheque amount. Since you got summons from the court, the other party must have instituted a 138 NI Act case against you. So the best course is to enter appearance on the date of hearing and make a proposal to pay the cheque amount. This will save you from unnecessary legal hassle.

You may choose to contest the proceedings. In case you haven't received a mandatory notice stipulated u/s 138 NI Act, you may have a strong ground to contest. But agreeing to pay the money will end the proceedings quickly.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
5.0 on 5.0
If you have received summons from court, you have to appear on that day and then propose to pay the amount so as to settle the matter. 

If the notice was not received then you might have additional grounds which can only be ascertained after examining the case.

Feel free to contact on 9873109672 for assistance.

Kind Regards

Setu Niket
Advocate
9873109672
Setu Niket
Advocate, New Delhi
47 Answers
20 Consultations
4.2 on 5.0
Since you have received the court summons the first thing that you should do is engage a lawyer and appear in the court on the date mentioned in the court notice as in the event of your failure to appear in the court on the required date non-bailable warrants may be issued against you and the police may arrest you in consequence thereof. You are not required to appear personally. the presence of your lawyer will suffice.

After putting in your first appearance before the court you should offer to pay the remaining instalments tot he finance company, or attempt to negotiate for a lesser amount. If you go for a contest then you will run the risk of being jailed for up to 2 years on conviction.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

Ask a Lawyer

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

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0