If they have filed the case against you then it becomes your duty to appear before court, participate in the case and prove that the claim is false and get it dismissed.
You can consult an advocate in Kolkata and proceed as suggested
Baseless cheque bounce [ECS] lawsuit filed against me
I am Aravind from Chennai and have taken a loan of Rs.1,90,317/- from Loantap Credit Products Private limited having HQ at Pune and office at 4B, Congress Exhibition Road, Calcutta - 17 on May 15th 2021. Loan Details: Rs. 200000 /- Insurance Fees: Rs. 2432 /- Processing Fees: Rs. 4720 /- Broken Period Interest: Rs. 2531 /- The loan tenure is 36 months and I have to pay Rs.2,75,004 in 36 EMIs which is almost 18% Interest for 3 yrs. The principal amount is Rs.1,90,317/- and Interest amount is Rs.85,004. I have paid a total of Rs.2,00,741/- in multiple EMIs dated from 24th June 2021 to 5th Dec 2023 paying more than the Principal Amount. Now I got a Legal notice demanding my presence to Kolkatta Metropolitan Magistrate Court Jurisdiction on 9th Feb 2024 claiming that I am accused [Summons To an accused Person / Section:68 of the code of criminal Procedure] and have to present myself to the Court for breaching under Section 25 of The Payment and Settlement system Act, 2007. I have also reached the Loantap team for settlement even after paying more than the principal amount for which they demanded me to pay further more Rs.80,000/- which is completely abnormal. Now, they falsely claimed that they have sent the Demand notice on 25th October which I haven't received and they falsely claim that I have missed their 15 days deadline to repay the debts and filed an accusation case against me. Moreover they tried to loot Rs.2,00,000 from my bank account by passing a cheque on Oct 5th 2023 I have given it for safety purposes and fortunately it was bounced. Until Oct 5th 2023, I have paid Rs.1,96,000/- towards my loan of Rs.1,90,317/- and under what rationality they have bounced a cheque [ECS] for Rs.2,00,000/-. They also mentioned in the legal notice that Rs.2,00,000/- as Every month EMI for the loan principle of Rs.1,90,317/- which is also completely illegal. In March 23rd 2023 – Filed a Police Complaint in Senior Police Inspector of Pune. Moreover, they tried to loot the excess amount from my account and also filed a case under false grounds without clearly mentioning the loan amount and tenure rather only mentioning about the cheque bounced. The cheque placed should be only for my EMI amount which is Rs.7,639/- and not a complete principal amount Rs.1,90,317/- and falsely implicating me under cheque bounce case. I request that the authorities take severe action against the real law offenders and cheating people in the name of financial institutions, causing severe distress to the citizens of the country. Further details needed for this case, which I will enclose or else share via mail. Please guide me. Thanks in advance, Aravind
Asked 1 year ago in Civil Law
7 Answers
The accused, inter alia, agreed to repay the said loan along with interest at the agreed rate in equated monthly installments of Rs.200000/- each through Electronic Fund Transfer in the Electronic Clearance System (ECS) and accordingly the accused issued instructions to its banker Indusind Bank to debit the sum of Rs 200000/- from his bank, towards all monthly installments in discharge of the aforesaid transaction and to give credit to the bank account of the complainant. The accused assured D the complainant that the said ECS shall be credited every month to the account of the complainant as the accused person will maintain sufficient funds in the bank account maintained by him.
Asked 1 year ago
The solution for this is to appear before the trial court and challenge the same properly as per law.
You have to appear in court and apply for bail
2) plead not guilty
3) contest the false case filed against you
You can cross examine the witness as to how x amount is due and payable as you have paid all the EMI
complainant has to prove that legal notice was served upon you and that debt due and payable is payable by you
- If you received the said notice of the court , then you should take bail after appearing before the court.
- Further , if you will not appear before the court on the date fixed then court may issue NBW against you
- However, court cannot denied to grant bail in this case , and you will be given opportunity to settle the matter and to contest the case.
- You can produce all the evidences before the court against the complainant .
Dear client,
Sorry to hear about your situation.Section 138 of the Negotiable Instruments Act, not the Payment and Settlement Systems Act, governs the bouncing of checks in India. It appears that the lender may have made false statements or broken the law. To bolster your argument, you should compile supporting documentation, such as bank statements and correspondence logs. There may also be opportunities to file a complaint with the Consumer Financial Protection Bureau or to take your case before a consumer court.
Hope this helps you.
You need to rebut it with effective cross examination and get acquitted
