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sir need urgent help and advice

(Querist) 30 June 2008 This query is : Resolved 
sir,i from delhi but bank file one case u/s 37 civil from delhi and one case u/s 420 406 from chennai.....what i have to do.....court issue nbw aginst me in 406 ,420 case...it is possible court can do this.
sir what can i do sir??? who i cancel this nbw and trf case to delhi.or can challenge this case.what i do sir help me.......i really worried about this nbw any time police arrest me sir....please.....please help me.

can i file injection suite to stop bank file criminal case.
KamalNayanSaxena (Expert) 30 June 2008
Please download your complete case history in detail at knayans@gmail.com
Srinivas.B.S.S.T (Expert) 01 July 2008
Dear Vikas I hope we all advised to in detail earlier. Please dont be panic. NBW can always be recalled by showing valid reasons for non appearance before the court. You cannot get a n injunction order. Be cool and contact an advocate so that the NBW is recalled in the first instance.
lawyers friend (Querist) 01 July 2008
srinivas sir,

they filed case in chennai and i am in delhi and i also not get any kind of notice for this 420, 406 case ever.sir one more thing they file case in court of "x metropolitan magistrate" Egmore,chennai.sir who can i protect my self....can i file a comp... in "NHRC" AGINEST BANK SIR.

WHAT I DO.I DON'T NO ANY LAWYER IN DELHI AND CHENNAI.I AM VERY POOR GUY,I LOST MY ALL MONEY IN STOCK MKT....I CAN'T BEAR ALL EXP...OF THIS CASES IF ONE FILED IN DELHI AND ONE IN OTHER STATE.

THANKS
Srinivas.B.S.S.T (Expert) 01 July 2008
thats what they will do to harass. Dont worry just write a letter to Chief justice of Chennai High Court with all the case facts cite a copy to the X MMC also. Your case will be referred to Lok Adalat to depute an advocate for you.Be brave and face the problem like a man. All the best to you.
lawyers friend (Querist) 01 July 2008
sir thanks for reply......sir how can i canceled this nbw u/s 420,406....and as u advice sir i need go chennai for all this work.i know i take all of your lot of time but i have no other way sir.


thanks a lot sir.
lawyers friend (Querist) 01 July 2008
still need help sir.
deepak kumar (Expert) 01 July 2008
please state about your problem in detail, why has the bank filed the case? had you taken loan ? if so from which place? where was the agreement entered into- answer this so that we can advise you specifically.
lawyers friend (Querist) 01 July 2008
sir details of my case...

I use to have many credit cards issued between 1999 -2004 and all of them were issued from delhi.I was a regular user of the Cards and was paying all the

dues on time till last August (2007).I had undergone a finacial crisis due to loosing all my money in share market and i got bankrupt.I do not have any

movable or immovable property on my name nor I do any job or business .I stay in a rented house and somehow surviving myself doing small works here and

there.

Now the issue is there that as I have not made the payment of the banks since last august ,they have started taking legal action against me ,I am giving

details of few of the cases which have been imposed on me,though I have not served any notice but got the papers photocopied somehow.

(1).They had filed case u/s XXXVII OF THE CODE OF CIVIL PROCEDURE,1908 IN COURT OF SENIOR CIVIL JUDGE,DELHI.

(2).They had FILEd CASE U/S 406 and 420 I.P.C,IN CHENNAI IN COURT OF X METROPOLITAN MEGISTRATE,AND XMM issues NBW under section 70 CODE OF CRIMINAL PROCEDURE

though there were no notices being sent prior to this.

Sir, I want to ask that what is the remedy available to me as I do not have money to do any settlement with the banks as I myself surviving very

difficultly.WHat should i do,I cant hire a lawyer as lawyers in delhi are out of my range. I am totally helpless and clueless.Please give me some guidance

and show me the path.

Some of my friends have suggested me that I should run away from my address ,sir is it the right solution ,what are the consequences of it..

I might be able to settle them in 4-5 years time but the bank is not agrreing to it,at present this are the two cases but in the near future there could be

many,I am totally lost and clueless.


Some of my friends have told me that in Civil cases the court will do a decree ,but as I have told you earlier I have nothing on my name,is there is anyway

for me .

My all hopes are on your guidance as my life is all black and I am into high depression.

thnaks sir

sir can i apply bail in delhi,and can i save my self from futre nbw if any being issued by court.
Srinivas.B.S.S.T (Expert) 02 July 2008
You have to appear before the chennai court so that your advocate can file a 70(2) petition to recall the warrant. However there are judgments that the petitioner neednot be present for recall of the warrant but to aviod complications and to know the status of the case you better be to Chennai and engage an advocate and get that warrant recalled. TO recall the warrant is your top priority. Rest of the things can be discussed at later stage.
lawyers friend (Querist) 02 July 2008
sir can u tell any lawyer for this in chennai and what is the charges.
deepak kumar (Expert) 02 July 2008
if you did not stay in chennai nor did any transaction with the bank there then how the jurisdiction of the chennai court is made out? but still to avoid being harassed you have to apply for bail.
as about running away it would be unethical to give any advice.
try to take your matter to lok Adalat at Delhi may be some sort of solution is found if both the parties sit together. you need not have to engage any lawyer or pay court fee etc. for matters taken up before lok Adalat.
as for case at chennai if you do not have any money approach the Legal Services Authority there and may be they would arrange for a lawyer from their panel free of cost.
lawyers friend (Querist) 02 July 2008
sir what going to happ.. if i face this case
deepak kumar (Expert) 02 July 2008
that is not for us to predict, it would depend upon the facts of the case and what evidence comes during trial.
lawyers friend (Querist) 03 July 2008
sir can i talk with u personally plz give me your no or any other gud lawyer no for delhi and channei for my cases please sur pm me or email sir abhiban12@gmail.com waiting for your no.

sir please help me
lawyers friend (Querist) 03 July 2008
Dear Sir,

i ask this problem(credit card payment) on this forum...thanks for your reply sir i need your last time advice please help me

Kindly advice me as what is the better solution,is it to face the case and then if I am not able to make the payment to the bank then should i escape or escape right now and then do the settlment with the banks through some mediator ,at present I do not have money to settle,if its possible that I can fight the case for 2-3 years and in the meantime arrange for the money and do the settlment then I can think to fight the case .

Sir ,at present I have 2 cases against me under section 37,420 and 406 .There would be around 20+ cases which can be filed against me.

Sir kindly advice me should i face or skip as I am totally bankrupt and dnt knw that even after fighting the case will i be able to repay or not,on the second thoughts i thought to run away from my current address .

Sir if there is anything which you cannot write me in open or in this forum ,then you can mail me at abhiban12@gmail.com ,then i can get in touch with you personally(i can pay for that)



thanks sir.
lawyers friend (Querist) 05 July 2008
waiting for reply......
a.haridasan (Expert) 12 July 2008
vikas,
dont worry ...nothing to be happened ,each and every court want the reasonable explanation ..and u can submitt al these things before the court.
lawyers friend (Querist) 13 July 2008
sir what is quash petition?

can i file it and after file that application the case of 420,406 ipc withdrawn by bank/court
Jatin Sapra 9312223345,Delhi (Expert) 13 July 2008
As you are already replied by several expert members about ur case.
Quashing petition is the petition filed under section 482 Crpc in the High court.It is inherent power of the high court over its subordinate courts.As far as u were talking about jurisdiction in Chennai. It can be as i think the registerd office of the bank must be lying in Chennai jurisdication or there was any clouse of the agreement between u and the bank.
First u have to llok for the cancelation of NBW's and get the bail from the court after that seek these remedies.


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