Threat for extradition-cheque bounce (personal loan)

May we know on what basis Raj123 is giving this advice?

Thanks Raj,

Does it mean it's just a tactic of scaring to ensure I pay them. Total debt is 3 lakh based on the recall letter that he sent. It's dated 2011.

I agree I have to but not by creating another debt to pay this one. I am quoting exact wording he sent me in email today. It will be helpful if you could guide.

"We don’t understand your intention in this regard. We would have appreciated if you would have shown interest to know how to withdraw the case by making the payments. We feel that it’s your basic responsibility to repay the dues as per slated date once you take a loan. Now since a case has been filed against you, you’re getting worried. However, let me update you on the queries raised from your end…

-    The case is filed in the Additional Chief Metropolitan Magistrate court, Hyderabad.

-         It’s a criminal case filed against you for bouncing the chq issued to the bank.

-         Loan Recall notice is attached for your reference.

-         For any further details you may approach the honorable court.

Summons was issued to you but it was not accepted from your end.  Therefore court has issued a warrant against you.  And our legal department are initiating steps to intimate to U S embassy about your loan status and also about the criminal case which is pending against you. "

It is better to settle the matter by making payment.

 

Even if nothing is done there may be look out notice which will be fed in computers and you may be arrested on arrival.

 

You have taken the loan repay it and close the matter. 

 

IT IS EASY AND SIMPLE.

You are on an Indian Passport ? So bringing you back to India from USA is not kind of extradition in true sense ? 

 

EMI cheque ideally should not fall in the category of S.138, because the Bank certainly has the collateral security with them, but as of now this is how the law stands interpreted. Amount involved is not worth getting into massive trouble under criminal law, that too when you have become an NRI.... settle...

 

Contact your friends and relatives here in India, and find out about court and summon etc..

Dear Chaitanya,

 

Engage local lawyer through your friends / relatives he will check the status of the court case and ask him to settle the matter at cheque / principal amount as the case may be. 

 

Rajiv Bhasin 

Bhasin Legal Consultants

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com 

DEAR QUERRIST

                            YOU HAVE GONE TO THE STATES ON A H1B VISA WHICH THE EMPLOYER PROVIDES TO YOU . YOU HAVE NOT GONE IN YOUR VISA . ANY TIME THE EMPLOYER CAN CALL YOU BACK AND SEND SOMEONE ELSE IN THE SAME VISA . IN A CHECK BOUNCE CASE YOU ARE AN ACCUSED TILL YOU PROVE THAT YOU HAVE NOT COMMITTED THAT OFFENCE . BUT IN OTHER CRIMINAL CASES THEY ARE ACCUSED ONLY AFTER THE CHARGE IS PROVED . TILL THEN THEY ARE NOT ACCUSED . NOW YOU HAVE ADMITTED EVERYTHING BY YOUR CORRESPONDENCE WITH THE BANK . NEXT THE BANK WILL GET A NON BAILABLE ARREST WARRANT AGAINST YOU . THEN THEY CAN ALSO FILE A PETITION FOR ORDERS TO MAKE YOU " A PROCLAIMED OFFENDER ". THEN THE BANK CAN MOVE THE HIGH COURT WITH A COPY OF THE WARRANT ISSUED BY THE MAGISTRATE FOR A DIRECTION TO THE PASSPORT AUTHORITIES TO CANCEL YOUR PASSPORT . THEY CAN ALSO SEND A COPY OF THE WARRANT TO YOUR EMPLOYER TO RECALL YOU FOR PROSECUTING YOU HERE IN INDIA . THIS IS A  VERY DANGEROUS SITUATION . THE BANK CANNOT APPROACH THAT COUNTRY'S EMBASSY HERE WITHOUT A COURT ORDER . AND THAT TOO WITH THE WARRANT THEY HAVE TO APPROACH THE MINISTRY OF EXTERNAL AFFAIRS , GOVERNMENT OF INDIA AND THEY SHOULD SEND IT TO THE EMBASSY . BUT THE OTHER OPTIONS WHICH I HAVE DETAILED YOU ABOVE , THE BANK CAN DO IT ON THEIR OWN . DON'T TAKE RISK AND SPOIL YOUR FUTURE . - JOSEPH WILFRED - 06/02/2014 AT 19:05 HRS  

Thank you everyone for the advice. It's really of great help to understand the gravity of the situation. Major problem is while I am agreeing and certainly willing to pay, I don't have means nor the funds to repay entire amount in one shot. Does it make sense to negotiate with bank to buy more time. Will it help to settle situation? Most importantly if the bank does not agree how much time it will take if either of actions to be taken by them.

Dear Chaitanya,

As already suggested you the following:-

 

1. Execute a Power of Attorney in favour of a most trust worthy person. 

2. Direct your Attorney to engage a most trustworthy lawyer of Hyderabad Criminal Court  to represent you in the case  and to search whether or not the Bank has filed a case against you and to find latest position of the case and to take appropriate steps to defend you.

3. Direct your appointed lawyer to take out copies of all case papers from the Court.

4. Mean time and immediately collect the details i.e.,chq. nos. and their respective dates which were bounced and pay those cheques amount directly to your banker along with a statement  mentioning respective cheque no. date and amount to frustrate the claim in the criminal case and to defend the case as non maintainable. bnroy.advocate@gmail.com

This is  a criminal case for cheque bounce  and not for recovery of money.

 

So unless there is composite settlement with the bank no use sending money directly to them.

 

Make arrangements  for payment of money at court only on condition of withdrawal of court case.

 

Otherwise you have paid money to the bank and the case will go on.

 

Many lenders do such tricks so beware and take proper care.

What I ADVISED IS A STRATEGY TO FRUSTRATE THE CASE but not to END the case u/s. 138 N.I. ACT. There is a second step of argument that can logically help the defense lawyer to come out from the rigour of sec.138. If any body looks into my earlier opinion and suggested requisitions therein he can easily understand my strategy which is indicative but hidden.  I am afraid, I cannot clarify further because some expert may say that I AM ACTING AS A TEACHER OR TAKING TUTORIAL CLASS OR POSING AS MORE EXPERIENCED AND WISE IN LAW THAN THAT OF OTHER EXPERTS.

Dear sir SC  has held in many recent cases that offer of payment after issue of process can not stop criminal case for issue of bounced cheque.

 

APEX COURT has even held that even if  the cheque bounce case is dismissed  or accused acquitted  still case under other sections of IPC  such as cheating or breach of trust can be filed.

It is also not compoundable so only after mutual arrangements that payment and withdrawal of case is done at the same time than only the matter will end amicably and finally.

Sec.138 N.I. Act  is not a provision of criminal act, provision of criminal act is coupled with it.. In criminal law mens-rea and criminal intention behind any act is to be proved the defense argument should be on that line..  I ADVISED MY JUNIORS AND THEY SUCCESSFULLY CAME OUT.. I TESTED MY STRATEGY MANY TIMES.EVEN IN THE CALCUTTA HIGH COURT BEFORE HIS LORDSHIP MR. SANJIB BANERJEE. AND WAS SUCCESSFUL..

Supreme court does not agree with your line of action .

 

No of experts in expert section and forum section has posted recent SC judgments in this matter.