I took a personal loan from HDFC bank for Rs 3,80,000, I paid the EMI for 10 months, as I don't have job now also due to bad financial situation I couldn't pay the EMI for 9 months. I received a summon from the magistrate for the Complaint filed under section 200 of CrPCR/W sections 25 read with section 28 of the Payment and Settlement System ACT 2007. The summon also stated that electronic fund transfer Mandate for the amount of Rs 11000 was failed due to ‘Insufficient funds’ and asking the magistrate to recover the same.
I communicated to the bank officer on this, asking for the loan restructuring, he mentioned the loan account is in ‘write-off’ status, mostly I have to go for the settlement. I don’t have a job now, but must be getting one soon. I can make the regular payment with reduced EMI.
My questions are,
- What question will the magistrate ask me on the first hearing and what should I say? If I explain to the magistrate that I didn’t have job or due to the bad financial situation I couldn’t maintain the amount in bank and that now I can pay Rs 11,000 and pay it. Will I be sentenced to jail?
Or It is best say ‘I defend’ on any accusations and go for the trails?
- If the trail starts, could I ask the magistrate for more time to pay the amount?
- Any ideas of, how many hearings will be there?
- Assuming the case runs for 1 year, by which I could arrange for the full settlement amount and pay it, will I be sent to prison even after paying it?
I am sorry for the lengthy details, thanks for your patience in reading the above and for the answers.