ipc 138

Querist : Anonymous (Querist) 21 December 2009 This query is : Resolved
sir , i have taken a loan of 150000.00 where my emi is 6730.00 after a few month of running the loan all of sudden my shop got burnt in an fire incident where i have lost all my documents and property , i did not come across with any compensation.......i have my family and a two years son to look after........i lost everything in that incident and now i am working in a different shop to run my family.....
the finance co from whom i have taken the loan , i made a request ,fax ,email for extension of period but they didn't answer to it after then i manage to pay 4-5 installment in cash. but now they send me a court notice to attain at the court for hearing...........................i have no words to express , how to deal with this situation........please help your suggestion is very important to me

my email address is william_74whittier@hotmail.com

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aman kumar (Expert) 21 December 2009
you can reply to court that want extention of time due to unavoidable circumtanceces ! they can do it

prakash vathore (Expert) 21 December 2009
i agree with aman

adv. rajeev ( rajoo ) (Expert) 21 December 2009
Dnt worry. Appear thru., an advocate in the case and file your written statement taking the contention of your problems faced and lastly you take a contention that " if court comes to conclusion that defendant is liable to pay the loan amount then lengthy installments may be given without the interest.

subhash kumar (Expert) 21 December 2009
under 138 NI Act the case filed on the basis of bouncing of the cheque , it seems that you have issued PDC and the same was deposited by the concerned co and bounced . did you get any notice ? First of all you have to get bail from the concerned court where the matter is pending and also apprise the matter to the Hon'ble presiding officer ( Judge) and the installment can be reduced and intrerest can be exempt .you can also contact on me 9899598059 (subhash kr. Adv)

Ajay Bansal (Expert) 21 December 2009
Your question is not clear.Please send clear details.

Raj Kumar Makkad (Expert) 21 December 2009
Your question i very much clear. Your cheque issued in favour of company might have been bounced due to your money problem and the company has now filed a complaint. Rest follow what has been suggested by all other experts.

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