section 138 case against me

Querist : Anonymous (Querist) 07 November 2009 This query is : Resolved
Dear Sir,
I had personel loan with Fultron India from last 2 years. initlailly i had paid ecs at the time. but after start of recession period i had lost my job. due lot of probelms(open surgery of papa, TB treatment of wife etc, unemployment) i could not able to fullfill my families basic need too. still collection agent were harassing me & my family to pay monthly installment. but i could not able to give that to them. so i shifted myself to other palace so that to reduce tension & bothering to my neighbour. at last week(summons by police constalbe at old address) i came to know that they have filled case against me of check bounce & have to stand in court.
now still i donnot have job & money to hire some budy for me.
pl let me have some helpfull info about what should i do?

pl advice.

ramdas kumar

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Raj Kumar Makkad (Expert) 07 November 2009
So far free legal aid is concerned, you can move a simple application supported with an affidaivt to the local cheif judicial magistrate praying therein to provide you free legal aid in view of your current financial position. Not only an advocate but the entire expenses connected with th case like typing, any stamp etc shall also be reimbursed to that advocate by Govt. through court.

Now remains the fate of your case, I suggest you to contact the bank officials and tell them your position and your inability to repay the laon amount in the given circumstances and assure to repay as and when you position becomes viable. I think bank officials shall judge you and can provide you relief to some extent otherwise you shall have to face the consequences of the case.

Adinath@Avinash Patil (Expert) 08 November 2009
TAKE HELP OF LEGAL AID.
IT IS BETTER TO SETTLE THE LOAN DUE AMOUNT.N.I. ACT 138 IS TECHNICAL OFFENCE, IF YOU HAVE ISSUED CHEQUE TO FULETON FOR YOUR LOAN DUE AMOUNT.THEN YOU ARE COMMITED OFFENCE BUT YOU PROVE THAT THERE IS NO LEGALLY ENFORCEABLE LIBILITY FROM YOU, THEN YOU CAN FIGHT YOUR CASE.

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