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Sant kumar gupta (properietor)     18 August 2010

case under section 138

respected sir

i took a personal loan of 46000 thousand from a institution,i have to repay the loan in 24 months in form of monthly ecs of rs 2875 each,my ecs were regular.but the company started presenting two ecs in a month,due to which my bank account got affected..and 5 times ecs were returned and bank charged the fine,i told the financial institution about it but they carried on.now i have paid the 15 months installment,and 9 installments r still remaining,but due to there wrong presentment of ecs,i have closed the above account,,,they have also taken 3 security cheques from me........now they have filed a case under section 138.................what should i do?plz help...



Learning

 10 Replies

Suchitra. S (Advocate)     18 August 2010

Sir, you attend the case and defend yourself by proving their presenting the cheque was improper as per the conditions of repayment. And you were responsible for one time payment of the loan only. If they have presented the cheques twice a month, it is their mistake and you will not be liable for cheque bounce.

Sant kumar gupta (properietor)     18 August 2010

thanx a lot....but i have closed the bank account,

Suchitra. S (Advocate)     18 August 2010

Not an issue. I suppose those transactions happened before you closed the a/c, rt? You must be having proof for those invalid chque presentations from the institutions in your passbook entries. You can also say, you had to close the a/c only because of their wrong presentations.

Sant kumar gupta (properietor)     18 August 2010

thanx once again,i have no such records,as i have closed the account,bank will provide the records...?

Suchitra. S (Advocate)     18 August 2010

Banks will give you the records in Indian banks. Other banks may charge for for the same. But I will tell you one thing. You should not have closed the a/c when the loan is running on ECS. Anyway, now you ask the bank for records with an application. If they refuse to give , then ask them to give the same in writing. 

Sant kumar gupta (properietor)     18 August 2010

bank has provided the records,thanx a lot ..............i have closed the account because they presented the wrong ecs,for examle my account has 2000 rs,this institution presented the wrong ecs ,bank declined it...put a fine on me of rs 286....i had given a cheque of rs 2000 to other party.......this cheque also bounced because of there wrong presentamation of ecs.........i was really upset.............what must i have done rather than closing my account..............

Raju Ramparag Gupta (Advocate)     18 August 2010

Dear Sant Kumar,

please read the terms and conditions of the bank from which you have taken the loan.

If there is a clause that Bank can present two ecs at a time than you can be in a trouble and you may be punised u/s 138 of N.I Act.

if such clause is not there than produce the copy in the court.

try to negotiate with the bank becuase and pay your dues, any how you have to pay the loan and even if you go for settlement than in future you may not get the loan as well. 

Sant kumar gupta (properietor)     18 August 2010

sir,i have read the terms and conditions of the bank,its clear they can only present once ecs in a month,its the banks fault not mine................then why to go for settelement?

Raju Ramparag Gupta (Advocate)     18 August 2010

than no need to worry.

the only problem you can face now is in future you will be barred from availing any type of loan.

best of luck.

Sant kumar gupta (properietor)     18 August 2010

thanx a lot..


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