Paul 03 August 2023

2nd summon hdfc bank emi not paid

Hi Sir/Madam, I took a personal loan from HDFC for 3 L. Paid 1L and due to joblessness I couldn't maintain the bank balance, so EMI failed for few months. Received 1st summon to appear before the magistrate in the month of January 2023, I appeared and the case was refereed to Lok adalt by complainant's junior lawyer, no commitments were made my end neither no questions were asked from there side, I paid one month EMI amount and the case was closed in the month of January. Feb, March and Apr, May, June, July months EMI bounced. Received 2nd summon to appear before the magistrate this month August 2023. I have money only to pay for one month EMI, would I be refereed to Lok adalat again and the case be closed or will there be a trail ? Since I am in poor financial situation, I need sometime to get good job, now I am working as a freelancer only which is hardly enough to meet the family's expenses. Please advice!

Thanks in advance for the kind directions.

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10 Replies

T. Kalaiselvan, Advocate (Advocate) 04 August 2023

If a cheque bounce case has been initiated then finding you guilty for the offence there are chances that you will be sentenced to undergo imprisonment up to 2 years in a jail.

The second summons may be over the cheque bounce case, you better contact a lawyer and decide further course of action

Paul 04 August 2023

Thanks for the reply sir. But I am seriously afraid. Is EMI bouce and the cheque bounce the same? I didn't sign any cheque to the bank. Sure I shall contact a lawyer for the further course of action. Somehow If I agree to pay the full amount now will I still be sent to jail? The truth of is I still don't have a steady job.

Vikash Tiwari 04 August 2023

Luck does not favour always. Talk to bank. Get it rescheduled. See if bank regularise. Payment is only remedy. Any good lawyer can prolong case

Paul 04 August 2023

Thanks you Vikash sir. Somehow If I gather money and make the payment would the bank accept to withdraw the case?

Dr. J C Vashista (Advocate ) 04 August 2023

You will have to appear before the summons issuing court through a local lawyer for proper appreciation of facts, preparing defence and necessary proceeding to protect your interest / clutches of law, which you have made against yourself.

Vikash Tiwari 04 August 2023

Yes. Objective is recovery only. But now they will demand various other charges. Negotiate with them on principal only

Paul 04 August 2023

Thank you Vikas sir. 'Various other charges' meaning please?

anubhav Bhatt 04 August 2023

It's a personal loan, so bank, not mortgage, no security, so in that case, you just negotiate to bank to a lumpsum amount and if you are not able to pay one time to bank then restructure your loan for further time period and then arrange monthly EMI its only solution to resolve that issue.
Adv Anurag Bhatt
Allahabad High Court
Mobile 📱 9198889990.

Paul 04 August 2023

Thank you Anubhav, that helps!

Sudhir Kumar 06 August 2023

First of all your credit is absolutely vague.

You are not even clear whether the summons have been received from civil court in a civil suit filed by non payment of loan. Or whether the someone's having received from a criminal court for bouncing off any check.

In case the someone is from Criminal Court under Section 138 of NI Act then please visit the court along with someone to stand your jamanat. If there is nobody to stand jamana you are going to jail the same evening.

Missing of Emi and bouncing of check are clearly too distinct cases which can be filed in separate courts.

Your query is also silent to the effect that it is not clear whether at all you have contacted the bank for settlement of the loan.