Sec 138 filed and bailable warrant issued

Querist : Anonymous (Querist) 27 May 2017 This query is : Resolved
Hi respected panel, I am Irshad from Jaipur and my query is related to N.I act sec 138 of check bouncing. I had taken a Personal loan from Tata Capital on Nov'15 whose EMIs have started from Jan'16 I have paid 6 EMIs however, after that I was unable to continue with the EMIs and have not paid 10 of them. Now, I have received multiple calls from the collection department of Tata capital and I promise to continue paying the same but yesterday I got a WhatsApp image of the BAILABLE WARRANT issued against me at my Gurgaon's address where I used to live a year back, now I live at my permanent address in Jaipur. The issuance date is 26/5/2017 and the date to appear in court is 26/9/2017.

I spoke with the collection manager and he said that the warrant is not yet served to you and if you pay 2 EMIs every month till September, we will not let the warrant serve to you and it will be nullified with no value of it and will not ask court to issue a fresh warrant.

I paid my 4 EMIs together and will pay a single EMI now onwards. My questions are as below:

1. Is collection manager is true that if they do not serve the warrant it would not have any value and they will not ask court to issue a fresh one if I pay my EMI every month?

2. Is this warrant makes me a criminal and am will it be recorded as a crime in police and government records?

3. Do I need to visit court to get bail for this warrant? It is written to pay 1000 as a bail amount before 26/9/2017. But the warrant is not yet served to me and I just have a pic of it.

4. What would be the future coarse of action I should take to nullify and void this case against me?

Kindly answer point by point.

Thanks

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Querist : Anonymous (Querist) 27 May 2017
It is still open

Guest (Expert) 27 May 2017
Consult and Discuss with Local Good Senior Advocate in detail

Querist : Anonymous (Querist) 27 May 2017
What is your thought on this?. Do I need to panic? If possible plz reply point by point.

Sudhir Kumar, Advocate (Expert) 28 May 2017
1. Is collection manager is true that if they do not serve the warrant it would not have any value and they will not ask court to issue a fresh one if I pay my EMI every month?

THIS FORUM PRIMA-FACIE CANNOT BE SPOKESPERSON OF THE BANK MANAGER.

HOWEVER IT APPEARS T5HAT THE COLLECTION AGENCY HAS WELL BRIBED THE POLICE ON YOUR BEHALF AND ENSURED THAT THE WARRANT IS NOT EXECUTED TILL THEY WANT.

You are either hiding the fact that case u/s 138 NI Act is filed against you and you got notice and you did not appear.

If this has not happened then there is no warrant. Normally the complainant is not privy to warrant and they cannot have copy of the same unless they bribe the police well. So either they have bribed the police or forged a warrant.

If no case file and no warrant is issued that doe snot mean that it cannot happen. They can file the case and if you do not come to court or in court are not able to secure bail then you care not coming home that evening.

THEY ARE GIVING YOU OPPORTUNITY TO PAY THE LOAN AND BE OUT OF JAIL AS THEIR AIM IS RECOVERY. IF YOU DO NOT COOPERATE THEY CAN REQUEST THE COURT ON NEXT DATE AND BRIBE THE POLICE TO ENSURE3 EXECUTION OF THE SAME

Sudhir Kumar, Advocate (Expert) 28 May 2017
2. Is this warrant makes me a criminal and am will it be recorded as a crime in police and government records?

WARRANT IS CRIMINAL PROCESS AND CHEQUE BOUNCING IS CRIMINAL OFFENSE. THEY CAN FILE SEPARATE CASE FOR EACH CHEQUE BOUNCING.

Sudhir Kumar, Advocate (Expert) 28 May 2017

3. Do I need to visit court to get bail for this warrant? It is written to pay 1000 as a bail amount before 26/9/2017. But the warrant is not yet served to me and I just have a pic of it.

YOU EITHER GET BAIL OR WAIT FOR NON-BAILABLE WARRANT. YOU HAVE TO VISITS COURT WITH LAWYER AND ZAMANTI.

Sudhir Kumar, Advocate (Expert) 28 May 2017
4. What would be the future coarse of action I should take to nullify and void this case against me?

NOT UNDERSTOOD WHAT DO YOU MEAN VOID CASE. IF YOU PAY THE LOAN ENTIRE THEN THE BANK WILL NOT PURSUE CASE VIGOROUSLY. BUT STILL YOU WILL HAVE TO PREVAIL UPON THEM TO COME TO COURT AND EXPRESS THEIR MERCY ON YOU AND JUDGE MAY LIKE TO CLOSE THE CASE.