Section 138
Pras
(Querist) 18 February 2013
This query is : Resolved
Dear Sir
In 2006 I have taken a loan from a cooperative bank of amount Rs 2 lakhs. But this loan was used by my guarantor and his land was mortgage with the bank. Please note that the land is farm land. This was done since the I had job and bank needed some regular income so this was done and my friend(guarantor) was in urgent need at that time. For few months he paid the loan emi's regularly but after some time he defaulted. Now bank has issued me notices and also warrant to appear in court. However I could not appear in court as I have a job in some other town which is far from where the case is filed. Also the loan is taken from same place where the case is filed , which is also my native. It has been 2 instances that I was not able to appear in court. Could you please let me know the consequences of this. I have below queries.
1) What happens if I avoid appearing? As I am not traceable.
2) If I appear what should be my stance since I have not used the amount and mortgaged land is not mine.
3) Security cheque was given by me amount was not filled.
Please suggest me my stance on this.
4) Also would like to know can someone (blood relative) appear on my behalf, if yes what is the procedure.
Arvind Singh Chauhan
(Expert) 18 February 2013
1. If you avoid appearance it would be proceeded exparte in your absence.
2. You can't avail such plea.
3. It is tough to escape from liability resroting on ground that amount was not filled by you.
ANIL KUMAR 8867907494
(Expert) 18 February 2013
Court will issue arrest warrant so for how long u can hide try to make arrangement for closure of case
