PSS

Querist :
Anonymous
(Querist) 11 June 2010
This query is : Resolved
Dear All,
My colleague has received a summon from Metropolitan court under PSS Act due to ecs failure.
He has lost his job and so he failed to pay his emis and so Please advice on the proceedings on the above act and how can it affect him.
Thanks

Guest
(Expert) 11 June 2010
YOU MAY KINDLY SEND EXACT DETAILS AND FULL FORM OF ACT MENTIONED.
IN CASE OF NON PAYMENT OF LOAN INSTALMENTS AND EMI THE OTHER SIDE MAY FILE A CIVIL SUIT AND ISSUCE NOTICE THROUGH COURT BALIF.
IN CASE OF DISHONOUR OF CHEQUES ISSUED TOWARDS EMI.,THE CRIMINAL CASE IS FILED IN COURT UNDER PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT SEC.138 AND SUMMONS IS ISSUED TO ACCUSED THROUGH POLICE FOR ATTENDING THE COURT ON GIVEN DATE
IN CIVIL SUIT THE RESPONDENT CAN APPEAR THROUGH ADVOCATE .BUT IN CRIMINAL COMPLAINT CASES THE ACCUSED HAS TO SUBMIT SURETY IN COURT AND APPLY FOR BAIL.THROUGH HIS ADVOCATE.PLEASE NOTE.
KINDLY WRITE FOR FURTHER HELP
THANKS.

Querist :
Anonymous
(Querist) 10 July 2010
PSS Act is Payment and Settlement Systems Act, 2007.
Also a criminal suit is filed towards the failure of ECS of EMI. So how do we relate the cheque bounce case to this act.
Plz advice on the proceeding to avoid damage, etc