False case of cheque bounce by bajaj finance
Harpal Singh Thapar
(Querist) 19 June 2014
This query is : Resolved
I had availed a personal loan of 45000/- from Bajaj Finance about a year ago. Due to the situation I could not pay the EMIs for more than a few months. I was harassed a lot. Bajaj Fin even made fake lawyers and police officers call me on phone and threaten me. Finally I agreed to settle the amount.
The agents had collected a blank cheque from me during the time of processing the loan. Now shockingly Bajaj Fin has filled the cheque recently with an amount of 49000 and have got it bounced and filed a case against me.
The complainant claims that I issued a cheque as a fraud and moreover I live in Jamshedpur, Jharkhand but the case has been filed in Calcutta, West Bengal.
It is a mental harassment and even physical as I will have to go to calcutta. What can I do to get rid of this trouble of the case and how can I get the complainant punished for the fraud?
Devajyoti Barman
(Expert) 20 June 2014
The case is maintainable in Calcutta.
You did wrong to give blank cheque as they are likely to do this type of thing.
Now first take bail and fight the case unless they settle for lesser amount.
Dr J C Vashista
(Expert) 20 June 2014
Engage a local lawyer for your defence.
malipeddi jaggarao
(Expert) 20 June 2014
You say that you could not pay EMIs for more than few months. That means what?
when you do nothave means to repay why did you take personal loan?
Don't you know when you have given the blank cheque that it would be used for recovery purpose?
What is the fraud the finance company committed?
they are right in filing case and it is maintainable at Calcutta.
You have no way except to pay the dues and get rid of the mess.
Otherwise obtain bail and fight the legal battle which is not winning one.
Sunil S Nair
(Expert) 20 June 2014
You will have to fight the case on merits without detail cannot give advise, you can state that the blank cheque issued was given as a security reason only and the filling of amount according to you was done by them you can prove it with help of a expert
ajay sethi
(Expert) 20 June 2014
since you have failed to pay EMI interest on personal loan will keep on increasing . the amount of Rs 49,000 has been filled in by Bajaj Finance with interest . settle case amicably with bajaj Finance
Rajendra K Goyal
(Expert) 20 June 2014
You took loan and did not paid EMI.
You issued blank cheque authorizing any third person to fill amount of his choice and as you already knew cheque would be bounced, authorized him and gave chance to file case against you.
It is all as per your plan, you should not complain for your own wrong acts.
Better pay the outstanding and get rid of the loan.
Harpal Singh Thapar
(Querist) 20 June 2014
I did not stop the EMIs because I did not want to pay back. The circumstances were such that I couldn't. Anyway, that is a subject of empathy to understand.
As far as blank cheque is concerned, I was told by the agents that the cheque was needed for getting the EMIs from the bank. Now I do not remember weather it was blank or filled. I will get the certified copies from the concerned court and will get back to you people.
As some one asked thet what is fake in the case, please note that the co. claims that I have issued a cheque to them recently and have given it against a loan that I took from them. That means I gave them a cheque of 49000/- and kept my bank account nil. That is a fraud that I never did. I had given the cheque about a year ago and that too because they had said that it is needed to channelise the EMIs.
One more point is that I was already in talks with the co agent and had arranged money and was going to settle the loan in a day or two and had paid two EMIs also just before they filed the case, that is weird.
My question is that can I still get into the settlement by paying the company the money and get rid of the case? Will the co. or can the co. withdraw the case once I pay them? Can this happen without my going to the court in Calcutta?
T. Kalaiselvan, Advocate
(Expert) 21 June 2014
It is better to arrive at an amicable settlement with the company unless you will find one or the other problem every day.
Harpal Singh Thapar
(Querist) 21 June 2014
Mr. T. Kalaiselvan (Sir), that is exactly what I want. Hence I asked is it possible that I get into a settlement with the complainant and get exempted from going to court even on the first date? Will/can the complainant withdraw the case?
V R SHROFF
(Expert) 21 June 2014
YES, if you settle with co. They will not apply NBW, NO ARREST, WILL NOT PROCEED AND THEY WILL WITHDRAW THE CASE, ON YOUR FULL & FINAL PAYMENT.
There is no fraud. it is their business.
Dr J C Vashista
(Expert) 21 June 2014
I agree with experts, now it is your turn to proceed.
Devajyoti Barman
(Expert) 21 June 2014
settlement is not at your hand unless the complainant agrees for it too.
If it disagrees then fighting the case is only option.
Quashing is another option as well.
Harpal Singh Thapar
(Querist) 21 June 2014
The officers are very rude and it is always disgusting talking to them. But still I would give it a try once. Let's see if settlement is possible. I have seen cases where even after settlements company has filed cases and warrants were issued for the arrest of accused. It is better not to avail loans from these companies. They made a number of ph calls everyday insisting to get the loan although I was not interested. Because of the harassment finally I agreed to take the money snd utilise it.
ajay sethi
(Expert) 21 June 2014
make an application to court for compounding of the 138 Ni . offer to pay entire amount of cheque involved
Harpal Singh Thapar
(Querist) 21 June 2014
Wow! What a relief to read Shri Ajay Sethi Ji's advice! Thank you so so much Sethi Ji. Please guide me how to do this? To be more specific in my asking let me put it like this
1. Can this application be on plane paper? If not then on what paper?
2. Can I personally write it or do I need a lawyer to do so?
3. Can this application be sent by post or do I need to go there and submit it personally?
4. Can this application submitted before the date that is 30.7.2014?
Will be great if someone can attach a sample of such an application.
Thanking you in anticipation
T. Kalaiselvan, Advocate
(Expert) 21 June 2014
1. Can this application be on plane paper? If not then on what paper?
Yes this application can be made on a plain paper or on a green sheet.
2. Can I personally write it or do I need a lawyer to do so?
You can write it on your own and submit it to the court on the date of first hearing itself making your appearance.
3. Can this application be sent by post or do I need to go there and submit it personally?
You need to appear the court physically and move this application.
4. Can this application submitted before the date that is 30.7.2014?
What is significant about 30.7.2014?, is the case posted for hearing on that day?
Will be great if someone can attach a sample of such an application.
For format, you have to either make it on your own in an application format giving the reasons and intentions to settle the cheque amount in full or take the help of a lawyer in your locality to get it drafted.
Biswanath Roy
(Expert) 21 June 2014
You may take help from Expert Mr. Devajyoti Barman who resides near Calcutta by engaging him as your lawyer to settle the matter with Bajaj Finance or to defend you in the Court case.
Harpal Singh Thapar
(Querist) 22 June 2014
Thank you thank you Shri T. Kalaiselvan Ji and Shri Biswanath Roy JI. Can someone give the ph no of Mr Devajyoti Burman?
V R SHROFF
(Expert) 22 June 2014
Adv Barman
-0 9062412450,033 24007986 or through e-mail---devajyoti_barman@yahoo.co.in or devajyoti_barman@hotmail.com.
u r advised, not to do on your own.get it done thru Adv.
Biswanath Roy
(Expert) 22 June 2014
You can request him through his PM.
Harpal Singh Thapar
(Querist) 22 June 2014
Thank you so so much. I will call him tomorrow as today is sunday and he might not like the call today. Thank you.
ajay sethi
(Expert) 22 June 2014
in any case you will have to attend court . make an application to court for compounding of your case . it is better you engage a local lawyer . Mr Barman is senior expert and can do the needful
Harpal Singh Thapar
(Querist) 23 June 2014
Thnx Sethi ji.
It is pleasant to see Mr Barman's response. Thnx Mr Barman.
ajay sethi
(Expert) 23 June 2014
thanks for your appreciation
