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Negotiable instrument act - 138

(Querist) 01 May 2012 This query is : Resolved 
SIR, SOME BUDDIES SUBMITEED Negotiable Instrument Act - 138 AGAINST ME AT OTHER CITY . I AM LIVING IN AHMEDABAD CITY BUT CASE SUBMITTED AT MEHSANA CITY,DSA OF MNC BANK FORCELY CALLED ME FOR PERSONAL LOANS AGAIST POST DATED CHEQUES THEN THEY PUT UP Negotiable Instrument Act - 138 AGAINST ME , PLEASE HELP ME , HOW CAN I PROTECT MYSELF .THANKS LOT
FROM-
PINAKIN R LEUVA
AHMEDABAD CITY , GUJARAT STATE , INDIA
DATE - 01/05/2012.
Devajyoti Barman (Expert) 01 May 2012
Did nay transaction with regard to loan took place in Mehsana city?

If yes, then you have to contest the case.
Else you can go for quashing challenging the jurisdiction of the court in which case the case would get transferred to your city.
SAINATH DEVALLA (Expert) 01 May 2012
Dear Barmanji,

These mnc private banks are playing with the defaulters.The entrust the recovery to private agencies,and these agencies have formed into a mafia group,presenting the cheques thousands of miles away from where the customer resides.If you don't respond,suddenly they will land with a warrant.It will cost the defaulter a fortune to get the warrant recalled.There is no other go, but only contest the case dear Querist.I don't think quash will be of any use.They can present the cheque at any place their bank's branch is located.
DEFENSE ADVOCATE.-firmaction@g (Expert) 01 May 2012
Yes it is happening on ALL INDIA basis., the accused has to appear in the court and contest he will surely win the case.

Last month we forced to withdraw mighty multinational banks few of such cases at MAZGAON, DADAR AND ESPLANADE courts of MUMBAI.

CONTEST YOU WILL WIN SINCE COMPLAINANTS MAKE LOT OF MISTAKES IN OVER CONFIDENCE.
ajay sethi (Expert) 01 May 2012
you have not stated what part of cause of action has arisen in mehsana city?


was loan obtained in mehsana city?

if you have issued cheque drawn on ahmedabad bank , you are residing in ahemdabad , cheue has bounced in ahemdabad then complaint ought to have been filed in ahemdabad .

contact a local lawyer .
Sudhir Kumar, Advocate (Expert) 01 May 2012
It can be understood they may have made the cheque to bounce in Mehsana. It could have been Meham, Mansa, Meimensinghpur, Mcleodganj, MAhendergarh.
R Trivedi (Expert) 02 May 2012
The SC has given a wide meaning to jurisdiction in NI cases, which is quite troublesome to drawers.

But the fact of your case is: you issued a PDC to clear the personal loan which you took from MNC bank, and the same got bounced. Is'nt it ? So what kind of help you want?

If you are genuinely in financial problem and interested in settling your dues, then approach the bank and get the same rescheduled.

Just ponder if the Bank has given you the loan, they have the right to recover the same, yes method adopted can be troublesome, but as of now it is perfectly legal.
DEFENSE ADVOCATE.-firmaction@g (Expert) 02 May 2012
Due to change in business cycle and variety of other reasons the small business comes in problem for which even Govt and politicians have no solution , so such problems occure.

If you have to survive and start again get out of guilt complex and fight the case , you will surely win.
Shonee Kapoor (Expert) 02 May 2012
The author has not clarified the query of the experts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF (Expert) 04 May 2012
Banks too have a expert team of Lawyers.

They must have thoroughly checked Jurisdiction Point.
I agree with above experts, and tactics Banks & Financial Institution use to recover their Loan. They harass the debtor to somehow manage to get back their money.

Local surety not available, NBW : Warrant if issued, travel expenses, + LEGAL EXPENSES compel the victim to repay the Bank Loans.

Very few chances for quash or acquittal. The Bank do not leave any chance for defense.

Better settle & repay your Loan, being public money, and if majority do not repay, it adversely affect public economy.
Ask reasonable concession, which they usually allow. Settle it
PINAKIN LEUVA (Querist) 05 May 2012
SIR, SOME BUDDIES SUBMITEED Negotiable Instrument Act - 138 AGAINST ME AT OTHER CITY . I AM LIVING IN AHMEDABAD CITY BUT CASE SUBMITTED AT MEHSANA CITY,DSA OF MNC BANK FORCELY CALLED ME FOR PERSONAL LOANS AGAIST POST DATED CHEQUES ,
loan was not obtained in mehsana city & THEN THEY PUT UP Negotiable Instrument Act - 138 AGAINST ME ,They mnc banks also Dis-obey ANTI-MONEY LAUNDERING ACT - 1986. , PLEASE HELP ME , HOW CAN I PROTECT MYSELF .THANKS LOT
FROM-
PINAKIN R LEUVA
AHMEDABAD CITY , GUJARAT STATE , INDIA
DATE - 05TH MAY - 212
===================================

From: pinakin leuva
Subject: ANTI-MONEY LAUNDERING ACT - 1986.
To: ccmailreply@ICICIBANK.COM, "Credit Cards" , "Help Department of Communication" , imffa@imf.org, "USA GOVT" , "FBI"
Date: Wednesday, 25 April, 2012, 11:11 AM

E-MAIL

TO,
RESERVE BANK OF INDIA
INDIA.

SUBJECT :- ANTI-MONEY LAUNDERING ACT - 1986.

RESPECTTED SIR ,

THIS IS TO KIND INFORM YOU THAT THE DSA & DMA OF MULTINATIONAL COMPANIES LIKE ICICI BANK , HDFC BANK , CITI BANK , HSBC BANK , SBI CARD,ETC. HAVE BEEN DONE Anti-money laundering act 1986 BUSINESS AND HARASS PUBLIC BY MAKING CHAPTER CASE .

THIS IS FOR YOUR KIND INFORMATION AND NECESSARY ACTION AS SOON AS POSSIBLE PLEASE.THANKS=

DATE - 25th APRIL - 2012. - 2012.

PLACE - AHMEDABAD CITY , GUJARAT STATE , COUNTRY - INDIA.

SINCERELY,

PINAKIN RAJESHKUMAR LEUVA


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