Check bounce case
nataraj
(Querist) 13 March 2012
This query is : Resolved
Dear Sir/Madam,
Im Nataraj.K i had taken Auto Loan of INR. 2,000,00/- [Two Lakhs] from DBS Cholamandalam Finance Bangalore in 2007 on TATA Indicab, and after 2-3 months i was not feeling to keep that Cab so i had given that cab to my father's know friend on "LOAN CONTINUE" basis. But unfortuate is he was not able to pay the installments correctly so the cab was Seized by the DBS people and later it was made "possession of the vehicle". But there was no letter or intimation given to me as i was the RC Book owner regarding the Seizing / possession of the vehicle. But all of sudden now they have made an check bounce with my given PDC's and filed "Check Bounce" case in court hall. So from past im 3-4 months im attending the court by taking "Cash Sureity - Bail" of INR. 3000/-. So sir can you all help me on:
1. what is the best way to come out this case.
2. How to deal with case.
3. But my lawyer is somewhat saying that "Lets sit and discuss with financier and settle the amount amicably".
4. Please i need your guidence what can i do know.
5. I dont know even the Cab Reg. No also.
Now the DBS finance company has filed case in court for INR. 50,000/- due. And again 10 days back from chennai they have sent Reg. post to make Due settlement of INR. 1,27,000. Please help me out.
Thanks in advance.
Regards
Nataraj.K
SAINATH DEVALLA
(Expert) 14 March 2012
Dear Mr.Natraj,
As far as the liability with the financial institution is concerned,you are responsible for repayment.The RC book though in your name would be hypothecated to that financial institution.Once the vehicle was seized you should have gone to the respective office and obtained the vehicle seizure letter from them along with the total liability statement.It is here we are very lethargic.
What was the necessity for cash surety bail,when you were attending court.U/S 138 NI ACT,when the accused is attending all the adjournments reguarly,the magistrate should not ask for surety.This is a supreme court ruling.
One important aspect here is the said movable asset is in the possession of the complainant.You should have demanded them to make an assesment of the value of vehicle in As is where is condition.
You have not mentioned the total number of instalments paid by you and the period of the liability.If youwant to go for a settlement ask your lawyer to deal with the representatives for an amicable settlement of the dues and the withdrawl of the case.You are saying you are having the RC book and also say that you are ignorant of the Regd NO of the cab.Quite rediculous.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 March 2012
If there are multiple cases against same dealing you can move the court for clubbing them, it will relief immediately.
Shonee Kapoor
(Expert) 14 March 2012
The case has to be fought on merits. The "loan continue" is not a valid defence.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 14 March 2012
YOU STATED""""""""""But my lawyer is somewhat saying that "Lets """""
You already have your Advocate on Record, and he is already guiding you.
You must trust your Lawyer.
This Forum is not for double cross checking with your Advocates.
Interfere, without his NOC amount to Professional Misconduct for Advocate Experts. Who / adv will tolerate??.
