Cheque bounce
mohammed
(Querist) 12 January 2016
This query is : Resolved
Respected sir,
I have received a summon from Chennai metropolitan court, and the complainant is HDFC BANK LTD.
Court has issued the summon under Sec 138 of NI Act.
I have card loan and credit card from hdfc bank. Due to financial problem i was unable to make emi's and credit card payment.
I have called customer care they said me to contact branch, after contacting branch they said to call customer care.
I am unable to know which dept of bank has filed the case. (i.e credit card or loan dept).
And regarding the cheque bounce, yes i have issued cheque to them for emi payment which was bounced in 2014 july for which i have received notice from advocate to make the payment with in 15 days or else Sec 138 of NI act, will be invoked on me.
After receiving the notice i have done the payment within 3 days of time.
As per my knowledge i have cleared the bounced cheque's of car loan and credit card with in stipulated time of notice period.
Now suddenly i have received the summon from court. First of all if any cheque is bounced they should have issued me statutory notice before filing case on me.
Hdfc bank has not issued that notice also.
Now, i want to know certain things can you please help me out.
1) Is there any way to find the case details from XIV metropolitan court chennai, as bank is unable to provide me the details.
2) I reside in Hyderabad and the case has been filed in Chennai, XIV magistrate court. Does this court have the jurisdiction in all the states of country.
3) How long this case will take to get final judgement.
4) If at all any cheque is bounced and bank has issued statutory notice which is not in my knowledge, then is there any way to ask the bank to withdraw the case after making the payment.
5) What is the duration with in which case will be filed under section 138 of NI Act.
(i.e 1yr or 2yr of time)
Please do me a favor, answer all the question in chronological manner as mentioned above.
rajagopal.s
(Expert) 12 January 2016
Hi
Regarding case details, you can find the same in e courts.gov.in
2) It appears that you had issued a cheque which was presented and bounced in chennai. hence there is no issue on jurisdiction. moreover the recent amendments to Negotiable Instruments act, provides the discretion to lender to sue from where the cheque was presented
3) However if you have paid the amount as stipulated in the legal notice issued, then sec138 will not apply. hopefully you have the proof of payment made.
4)Normally cheque bounce cases are fast tracked in chennai and closed within a year.
5) Legally cheque bounce and non payment of loans are two different things. However we can speak to bank and request them to withdraw the cheque bounce cases once payment is made. Please note Cheque bouncing cases is for cheque bounce offence only. still the bank has to file a civil suit to reclaim their money
Rajendra K Goyal
(Expert) 13 January 2016
Entrust a lawyer in the said court and get the copy of the case papers / plaint.
The case may have been filed in accordance of the requirement as per latest law in Chennai.
Judgement depends on pending cases with the court, generally 3-5 years.
Get the detail from court file whether any notice was issued or not.
Cheque bounce case is filed within prescribed time which is between 1-2 months.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 January 2016
Banks are doing this type of tactics everywhere .
1) It is possible that you may have other loans and payment made by you have been adjusted to some other account.
2) You have not taken back your cheque so this problem.
3) Now first find out where the cheque was deposited and on which branch the cheque was issued.
4) Get a good local advocate and contest on the issue of jurisdiction instead of all other points and the case can be settled.
There may be many other mistakes in the complaint since such complaints are filed by junior advocates and they copy paste the draft. You have to study all details minutely there will be many mistakes.
