Cheque bounce

4 years ago

Hi
I took car loan of Rs.650000 for five years and gave 5 blank cheque as security to bank ..but my business was'nt go well and because of that i couldnt pay my car loan Emi on time ...my Emi amt Rs.16000 so bank took my car within one year from date of purchase...bank already sold off car and recover the money..but meanwhile bank deposited all my blank cheque given at the time of taking loan...two cheque bounce of Rs.16000 each and third cheque of Rs.450000...since i dont have bal in my bank account the cheques got bounce and they file. Cheque bounce case against me...they deposited these cheques in kolkatta purposely...i stay in mumbai now they threating me to come in kolkatta ...
Pls advice me what i can do

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Munish Goyal

Responded 4 years ago

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A.Dear Sir,
You can live in your own way as per the recent Supreme Court verdicts.

Thanks

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Sharanagouda S Patil

Responded 4 years ago

A.Then u may file revision petition and stay the further proceedings, contact through this web for details.

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Sharanagouda S Patil

Responded 4 years ago

A.If they deposited cheques and filed a case against you under section 138 of NI Act at kolkatta , you need to attend and get bail and contest the matter, no alternative remedy. Define your case if you have already settle the amount or what ground they filed the case ..? we should know. You have not narrated briefly. Where the cheque deposited and where the depositor maintain the accounts is the jurisdiction of the court can entertain the complaint.

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Archana Pande

Replied 4 years ago

Car loan taken from axis bank..their head office is in kolkatta they deposited cheque in kolkatta..where as i have bank account in mumbai

Archana Pande

Replied 4 years ago

Car loan taken from axis bank in mumbai branch ..they have their head office in kolkatta where they deposited the cheques.....
Pls help me

Rameshwar Dadhe

Responded 4 years ago

A.Firstly go to the bank and ask about the Ur car selling amount what amount was collected from car . Or then ask them statement . Then file complaint against them immediately or send legal notice through lawyer. If any more information please contact me through Vidhikarya service

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Shreyash Mohta

Responded 4 years ago

A.You shall need to go to kolkata if a case is filed and then plea as guilty and tell the court that you do have the intentions to repay the money and shall pay the same in installments.
Or else, you can ask the court for change of court from kolkata to mumbai as it becomes difficult for you to come and on top of that you need to repay the money of the bank and your business sis not going well.
For the same please do hire a good lawyer from kolkata who shall help you with this matter.
Thanks
Adv. Shreyash Mohta

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Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
It is better to challenge such proceedings before High Court and get a stay order. It appears the said cheques were taken before delivery of the car that means before consideration is passed to you. There are so many technical points which will be argued before the High Court.

Thanks.

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