Quarry about non baleable warrant against nonpaying the emi
Akshay Kaushik
(Querist) 14 December 2018
This query is : Resolved
Hi Experts,
I would like to inform you that I have taken a Personal Loan from TATA CAPITAL FINACIAL SERVICES LIMITED I have been informed that as my 9 EMI are pending so for that An Non Bailable Warrant is been issued against me. I was Job less since a long time and I had also paid some amount from end in between. I am also attaching my Loan Statement for your reference so kindly suggest what I have to do in this matter as I am now on job and it will take some time to settle the old dues in some time for which I asked them but they are saying no they cant give any more time. So please suggest your valuable guidance in the above said matter.
Thanks & Regards.
Akshay Kaushik
Karanveer Singh
(Expert) 15 December 2018
138 is a bailable offence. Appear before the court on the next date and get your warrant cancelled. Then, pursue the case with the help of the lawyer and try to settle the matter.
rajeev sharma
(Expert) 15 December 2018
Just non payment of loan is not a criminal offence. if you have given any cheque in security to financier and he is using those cheques now that is altogether a different matter. You have not mentioned the complete facts. If the matter is of bouncing of cheques consult a lawyer.
K.K.Ganguly
(Expert) 15 December 2018
1. You have not mentioned whether you had issued any undated chaque for the said EMI amount or blank cheque to them or not .
2. If yes, then they will initiate legal proceeding for dishonour of the cheques after issuinbg your notice and thereafter you might be sent to jail for non payment though you shall have ample chance to take bail.
3. If no cheque was issued to them, then you can not be arrested for non payment of EMIs.
Dr J C Vashista
(Expert) 16 December 2018
1. I fully agree and appreciate expert advise of Mr, Karanveer Singh, Mr. Rajeev Sharma and Mr. K K Ganguly.
2. No money lender is empowered to issue NBWs for default in payment of EMI, there must be some other fault and facts of the case, you have been misguided/ misinformed
3. Consult and engage a local prudent lawyer for better appreciation of facts, guidance and proceeding.
4. If you are located in Delhi/NCR and feel, you may contact and consult me (on appointment) at:
Ch. No 647, 6th Floor, Lawyers Chamber Block, Dwarka Courts Complex, New Delhi-110075
email: majjagdish@yahoo.com; Cell # 9891152939
Sudhir Kumar, Advocate
(Expert) 17 December 2018
please reveal facts.
You have no short cut except paying the laon.
Akshay Kaushik
(Querist) 17 December 2018
Dear Sir,
Let me give you some more facts....I had going a Personal Loan from Axis Bank and it was going very well. I had need some more money so I transfer this loan into TATA Capital. It was done as per process. While the time of documentation the persons of TATA took some blank cheques from me and they were saying that it will be needed for online ECS mode. The person are saying that I have not make any payment since 9 months but as per the statement received to me from bank it shows that some of the payment is been made from my end in this time period.I just want to know that I know i am to pay the payment but i need some time as those persons which came to home told that all the banks which are issuing loan in different segments has a special court which is at Chandigarh and from their the police official will come and they will arrest you.Just want to know how they can do this as the ECS which I had to be given was now been stopped from my end as Getting the Narration Payment Stopped by the Drawer.I am also not able to understand that If a ECS is been stopped from me they why after some time they again reprocess it into bank. I know they need payment but i have also informed them that currently I was Job Less but they says that we have sectioned that amount when you were doing job and now bank want the amount back and i am saying to them that when i was on job i was paying you. even now i am paying you as much as i can even in these conditions but all of a sudden now you are saying you cant give time need the payment out old outstanding at one its not possible. Pls help me Experts in this matter so that I can resolve this matter.
rajeev sharma
(Expert) 17 December 2018
You say that you gave some blank cheques to the finance company. Whether all those cheques bore your signature. If yes he finance company might be utilising those cheques. the payment made by you may not be sufficient to satisfy dues and the finance company have utilised the services of a recovery agency. If you want any rescheduling of your loan account meet the officers of the finance company.Stopping the payment which is issued for a valid consideration amounts to dishonouring the cheque and you may be prosecuted in the court. No court may send any police force without hearing you. The bank is liable to stop recovery if you have lost job. Only advise is to contact the officer of finance company and seek relief. In any case you have to pay loan.
Sudhir Kumar, Advocate
(Expert) 18 December 2018
I shall be grateful if Mr Rajeev Sharma could enlighten the forum as to how bank is liable to stop payment simply because he lost job.
The has to under stand that
ONE CHEQUE BOUNCES ONE CRIMINAL CASE.
not able to attend even a single date of single case then bail is liable to be cancelled.
