Cheque Bounce case

Querist : Anonymous (Querist) 29 November 2009 This query is : Resolved
Hi,

I had taken a PL from a bank in Delhi and was making payments through my account. When I moved out of delhi, I changed my primary bank and hence started defaulting on the loan. The bank then tried to cash the PDCs that I had given them and they bounced. Now, there is a case against me for that. I did not receive any notice for the case, since my primary address had changed. I happened to check online on the delhi district courts website and found out the details of the case. I am not sure what kind of case it is.

I am currently in US and the next hearing date has been set in april. I wanted to know what are the options available to me? I am ready to pay the outstanding loan amount and settle the loan. Will the bank be willing to drop the case? I am planning to come to India for a week in March. Will the pending case cause any problem with me coming back to the US?
I will not be able to go for the hearing in april since i will be returning to US. Will that be a problem?
I am ready to pay the fines etc. I just don't want to go to jail or have any criminal charges against me, which will affect my career.

Please help..

Thank you ..

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adv. rajeev ( rajoo ) (Expert) 30 November 2009
You talk with the Bank manager and first you send the out standing amount thru., cheque or DD to the bank and request them to withdraw the case and send you the copy of the withdrawal of the case.

Raj Kumar Makkad (Expert) 30 November 2009
Tow matters are pending against you. One is criminal under section 138 of NI Act and another is lying in the books of bank and that is the recovery of their loan amount. By sending the specific request/representation undertaking to clear your all pending debts, bank can be managed to drop the proceedings. Once bank admits then you deposit the entire demanded amount as per negotiation and the bank shall withdraw its case. You have no prob o return and stay here.

bail for all call-9811443969 (Expert) 30 November 2009
yes you can solve your case while you are sitting in US, by authorising any person to appear in the court and represent your case , an advocate is able to make compromise/ settle your case by making full and final payment to the bank authority and for that purpose you need not to appear to the court personally is also possible. and bank withdraw both the cases i.e. criminal as well as civil cases filed against you.
no there is no negative effect to your carreer

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