138 negotiable act

Rohini (Querist) 26 January 2012 This query is : Resolved
I am 38yrs female. only Earning member family of 4. Was working for insurance co. drawing a salary of 45k pm. Recently lost job. have lot of personal loans. banks have logged cases against me for cheque bounces. I am really frightened. do not know what to dao. Recently joined an autonomous body who pays me me salary of 15k pm. can you please help me. I have recently cleared one case put by HDFC had . Now there is one on 3rd feb. from a co-op bank. Loan taken was 50k i have paid them around 25to 30k. I have received summons to attend the same on 3rd feb. but am not able to attend due to a imp. meeting in the new job. Can I ask my lawyer friend to be present on my belhalf and tk next date where i can appear. I want to come out of all these loans which range around 5to 5lakhs with housing loan of 14lakhs. Rohini

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Advocate. Arunagiri (Expert) 26 January 2012
For the criminal cases, you can request your advocate to file petition to dispense with your personal appearance. Dont worry.

Advocate Bhartesh goyal (Expert) 26 January 2012
Yes if an application u/s 205,317 of Cr.P.C is filed by your counsel for dispense with your personal appearance,court shall grant you exemption for personal appearance.

V R SHROFF (Expert) 26 January 2012
Rohini,

As I replied your phone call now, it is confirmed that your personal appearance can be dispensed with u/s 205.

You send your VP to Goa Advocate, who will record your Plea, and take next date, suitable to you, when you file PR Bond, or furnish surety, file 205/ 317 Application.

Majority Exemption Applications are allowed.

I have 138 NI cases against SEAMEN, on ship high sea, all over world, for 17 months at a stretch, and their 205 applications are allowed.

Ladies usually are not denied.

How did you incur bank debt?? What you did with money?? why left GOA job of 45k to come to Mumbai for a job of 15k?? as invested in property, better sell it & settle accounts. OR YOU WILL HAVE TO PAY MORE INTEREST THEN LOAN TAKEN.
if Appreciation is more than interest, en cash it.

Nishant (Expert) 26 January 2012
My cell no. is 9892931504

If you want to solve all debts , you must negotiate with banks with Lawyer & Bank must understand you can fight with them upto supreme court , So they will follow you

Raj Kumar Makkad (Expert) 26 January 2012
Rightly advised by experts.

ajay sethi (Expert) 26 January 2012
agree with experts. an aaplication for exemption for personal appearnce can be made by your advocate

ashok kumar singh (Expert) 26 January 2012
agree with expert opinion, thanks

Sudhir Kumar, Advocate (Expert) 26 January 2012
you pay the bank dues. If they are charging excess then take aproprite steps in consumer court or to banking omburdsman.