Cheque bounce

The cheque bounce case will not be entertained by court without issuing a statutory demand notice.

The legal demand notice might have come to you which should have been ignored by you hence they went ahead to file the criminal comlpaint against you. 

Since you know that you are required to repay the loan amount, you may better approach court with a memo stating that you are willing and ready to pay the cheque amount, and also approach the bank with the offer for a negiotiated amount and try to close the case. 

Thanks for your reply sir, but we are 100% sure we didnt receive any demand notice 

The COVID period ended 3 to 4 years ago, though you have not paid the EMI even though you know the same.  You convince the bank authorities that you are ready to repay the loan to avoid legal complications.

On hearing date if you make payment of cheque amount, Court may dispose of your case.

Unbelievable and impossible statement has been made by you, wherein you have stated, inter alia, that,

"..........Without any prior notice we received summons from court that HDFC has failed a cheque bounce case........."

It is clarified that no cognisance can be taken by any Court of law without 15 days demand notice.

Have you been served a copy of the complaint? Does the compalint and affidavit disclose that the statuory notice?

By the way, how is that the Bank is in possession of your cheque? Is it that you had handed over blank signed cheque? If so, when?

No sir we didn't received any statutory warning notice its a car loan sir we dont remember that we issued a cheque or not

You have not replied the first two aspects.

Without giving your cheque for security purposes the bank cannot possess your cheque.

It is a mandatory requirement to first serve legal notice before filing a cheque bounce case.

Have you appeared before court after receiving summons from court?

You may better discuss with your lawyer on how to challenge this as per law and proceed as advised.