you can deposit this amount asking judge for a compromise. bank lawyer may not be excepting your proposal because he want to avoid filing cases for rest of cheques &want full &final settlement. for brief you may call me
138 ni act
Sir, i am getting a vehicle in loan from indusind bank ltd, balasore BRANCH,ODISHA, against 24 post dated cheque, i have bouncing 6 cheques but now bank is file a case worth amount: rs:5610/- against 3 cheques. now i am ready with a dd in favor of bank amount rs:5610/- & try to submit at court, but bank lawer is denying to receive the dd, they are demanding rs:25000/- including penalty. they are not taking the case amount they are demand entire amount worth rs:25000/- now what can i do sir please assist me. i am hope less
Asked 10 years ago in Criminal Law
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10 Answers
How can i disposed this case Sir please assist me Next Court Date is 02/05/2014
Asked 10 years ago
write a letter to them stating that you want to pay the amount and they are not receiving it,if you want hire a advocate and make a payement in front of magistrate on the next day,keep copy of the the letter and the copy of sped post sent b you
Bank lawer is not agree for compromise with us, he is not taking The Case Value Which is Rs:5610/- they are demanding Rs:25000/- include fine, after that they can withdraw the case. i am already made a dd in favor of bank but bank is not agree to receive this amount. How can i do sir? Please assist me. If i write a letter to whom?
Asked 10 years ago
are you legally bound to pay 25000 as per there demand
they are file a case against 3 bounced cheque , cheque value =1780 x 3 = 5610/- i am legally default for 6 emi Rs:11220/- after that they are demanding including late fine & other penalty Rs: 25000/- + Legal Expenses 1500/- + Bounce Charge + 3000/- now i am ready with only case value Rs:5610/- for withdraw of case & next 3 amount i m ready to pay at bank loan a/c but they are not agree with us.
Asked 10 years ago
Sorry EMI Amount For Each Cheque = Rs:1870/- 1870 x 3 = 5610/-
Asked 10 years ago
have you received any legal notice from them for payement
No Sir
Asked 10 years ago
when did your cheque got bounced,all 3 of them with there respectives dates
it is mandatory that they give notice with in moth of cheque bounce to initiate proceedings under 138ni
BUT I DON'T RECEIVE ANY NOTICE, I AM DIRECTLY RECEIVE A SUMMON FROM COURT.
Asked 10 years ago
ok,then you can give statement that you are ready to make the pyment of actual amount due
To Whom Sir, Actual Amount means Case Amount? Rs:5610/-
Asked 10 years ago
in front of the judge where the proceedings will start
Sir now we can file a case against bank about this issue.
Asked 10 years ago
not required
Sir if i give a statement to judge for payment of actual amount then case can closed?
Asked 10 years ago
Bank is refusing to accept the DD proportionate to the amount of EMIs because it is apprehensive that cheques for further installments may also bounce in a similar manner. Since the case has been filed by bank you should appear in the court through your lawyer and submit that you are willing to pay the amount of cheque.
If you file a case against bank then your legal expenses will exceed the amount that you intend to save.
