Section 138act
Saima
(Querist) 17 September 2016
This query is : Resolved
I took commercial loan Nov 2011, but after 18 month I wasn't able to pay emi so I handed over to someone he agree to pay emi and all terms and conditions he pay emi for six month and stop paying emi company inform me I talked to that person but he ignored then I case against him to near my local police station, after all he agree to pay again company head office declare me that my loan status is closed and there is no any pending amount I have the statement they also confirm me that they already before 2 month ago they send my noc to the branch office .....but shocking today I received a notice issued by metropolitan court that branch office charged under section 138 act .....I totally confused ......what should I do please help me with ur perfect suggestions
Thanks
Regards,
Saima
Guest
(Expert) 17 September 2016
A very vague query.
By the way, what you handed over to someone who agreed to pay emi and all terms and conditions?
Ms.Usha Kapoor
(Expert) 18 September 2016
When Head office says no dues are there , then why it is not reflecting in Branch office and why it is charged u/s 138 NI Act? Try to file RTI application addressed PIO of the Head office and marking a copy to the Branch office. under Section 6(1) of RTI Act.You'll know the status of your loan repayment.
Rajendra K Goyal
(Expert) 18 September 2016
Section 138 NI Act and loan status are different. There is possibility that cheque was returned / case filed before the loan was closed. If so, you may have received the notice of cheque bounce.
Obtain full account statement, details of cheque bounce case and if there is some mistake of facts, get the matter resolved.
However, if company does not agree to withdraw the case, defend yourself on merits.
Raj Kumar Makkad
(Expert) 18 September 2016
You have raised query immediately on receipt of the notice from the court without ascertaining the relevant facts viz. who had issued the cheque, when, was NOC issued prior to the date of cheque or thereafter etc. etc.
Get the relevant information from the company and court and only then post the relevant query, if need arises to do so.
