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RK (self employed)     19 October 2013

Arrest warrant for cheque bounce for personal loan

Hi,

I had taken personal loan from ABN AMRO (now Kotak Mahindra) Bank in 2006 for my child’s illness as he was suffering from blood cancer. I had paid installments till 2010 and couldn’t pay the rest of the installments after that due to financial problem and after that no one came from bank to ask us about the EMI. Now suddenly after 3 years someone from bank’s behalf came on 16-10-2013 to our residence for settlement talks and I asked him for statements so that I can see how much amount do I have to pay and on 18-10-2013, to our shock, a constable from Dwarka court, Delhi came with an arrest warrant of bouncing of cheque from Bangalore High Court stating the reason “summon returned due to refusal by courier” under section 138. But I haven’t received any summon or any prior notice from bank. I paid Rs.3000 to constable so that I can get some time to think over the genuinity of the arrest warrant as I am not able to understand how is it possible for a bank to send such an arrest warrant without any prior notice and that too after 2 days of settlement talks.

Please help me in this regard as soon as possible and let me know if this is genuine arrest warrant or not.

Thanks

RK



Learning

 16 Replies

Sudhir Kumar, Advocate (Advocate)     19 October 2013

IF YOUR DESCRIPTION IS TRUE. Bank has managed to send you notice and get endorsement from courier about refusal to accept. It is deemed to have been received. The civil suit is time barred and Bamk has only this way to recover. You have not mentioned many facts. (i) whether you had or had not issued any cheque. (ii) whether you had or had not received any notice from their lawyer regarding bouncing of cheque. (iii) if received whether you had or you had not responded to the notice. (iii)
1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 October 2013

Dear Querist

I agree with Mr. Sudhir, answer these query for best advise

1 Like

RK (self employed)     19 October 2013

Sir, thank you so much for the information. Here are some answers to your queries.

(i)while taking personal loan i had to give the blank cheque to bank.  

(ii) I haven't received any notice from their lawyer about the bouncing of cheque

(iii) If I haven't received any notice then there is no question of not responding to it.

and even my wife is housewife and she's always available at home. 

T. Kalaiselvan, Advocate (Advocate)     19 October 2013

Mr. RK,

You have got a good case to contest and get acquittal in case whatever you narrated is taken to be true.  It would  have happened that you and others were out of station during the visit of the Courier boy to your home for delivering the mail or court notice or if you had mentioned the old address in the loan papers and moved on to the new address later on and have duly informed the bankers about the change in address etc., which being taken advantage resulted into the wrong present stage.  Engage a lawyer and contest the case so that you can sigh a relief.

1 Like

RK (self employed)     19 October 2013

Sir, that couldn't be the case as no one from my family has gone out of station in last 6 months and I am living at the same address from last 13 years as this is my permanent residence that's why it made me think it can also be a fake warrent to threaten me to recover loan and another point is I took loan from delhi and I am residing in delhi for past 18 years then why I got an arrest warrant from Bangalore court. Also, when I contacted bank lawyer yesterday, he told me not to panic and come down to his office for settlement and they can take the complaint back. Is it possible that if a magistrate sends an arrest warrant then can the matter be sorted out of the court? Thanks

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 October 2013

Dear R.K.

contact a lawyer personally

1 Like

Sudhir Kumar, Advocate (Advocate)     19 October 2013

there is no way you have to engage lawyer in Banglore.
1 Like

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     21 October 2013

DEAR MR.QUERIST

                                PRIVATE BANKS DO LIKE WHAT YOU HAVE STATED . THEY WILL PRESENT ONE CHEQUE IN A PLACE FAR AWAY FROM YOUR RESIDENCE AND ANOTHER FROM ANOTHER PLACE AND BOTH THE PLACES WILL NOT BE THE PLACE WHERE YOU HAVE TAKEN THE LOAN .SOMETIMES SUMMONS WOULD HAVE BEEN SENT TO YOU AND IN MOST OF THE CASES SUMMONS WOULD HAVE BEEN ORDERED BY THE MAGISTRATE AND BATTA WOULD HAVE BEEN PAID BY THE BANK , BUT THE BANK WILL TAKE CARE TO SEE TO IT THAT THE SUMMONS ARE NOT SERVED ON YOU .THAT IS THE REASON WHY IN THE SECOND HEARING , WARRANT HAD BEEN ISSUED TO YOU . YOU HAVE PAID A HUGE AMOUNT OF RS. 3000/- AND SO THE CONCERNED STATION WOULD DEFINITELY COME AGAIN FOR SERVING THE SUMMONS AGAIN. YOU HAVE TO ACT QUICKLY . OTHERWISE IN THE NEXT HEARING THE MAGISTRATE WILL ORDER FOR NON BAILABLE WARRANT AGAINST YOU . SINCE YOU HAVE TAKEN THE LOAN IN DELHI , YOU CAN APPROACH THE DELHI HIGH COURT FOR A QUASH OF THE CASE AT BANGALORE . FOR THIS YOU NEED THE DOCUMENTS FILED IN YOUR CASE IN THE CONCERNED COURT AT BANGALORE. IF ANY OF YOUR FRIENDS ARE IN BANGALORE , YOU SEND THEM A VAKALAT SIGNED BY YOU AND ASK THEM TO ENGAGE A LAWYER IN BANGALORE AND APPLY FOR A CERTIFIED COPY OF THE DOCUMENTS FILED IN YOUR CASE .OTHERWISE SINCE THIS IS AN URGENT MATTER, YOU YOURSELF GO TO BANGALORE AND ARRANGE FOR EVERYTHING AS YOU HAVE TO SPEND MONEY FOR GETTING THE CERTIFIED COPIES URGENTLY. ONLY ON THAT BASIS YOU CAN FILE A QUASH PETITION IN THE DELHI HIGH COURT ALONG WITH A STAY PETITION . BUT DON'T GO TO THE BANK'S OFFICE AT DELHI AS THEY WILL MANHANDLE YOU AND GET YOU SIGNED ON DOCUMENTS TO VALIDATE EVERYTHING. ABN AMRO BANK HAD SOLD ITS LIABILITIES ABOUT TWO YEARS BACK TO KOTAK MAHENDRA BANK AND YOU SHOULD HAVE RECEIVED A LETTER TO THIS EFFECT LONG BACK AS YOU ARE RESIDING IN THE SAME PLACE , WHERE YOU HAVE TAKEN THE LOAN .THERE ARE JUDGEMENTS TO THIS EFFECT FOR DEPOSITING THE CHEQUE IN ANOTHER PLACE ABOUT 600 KMS FROM THE PLACE WHERE HE HAD AVAILED THE LOAN , JUST TO DRAG HIM FOR EVERY HEARING . THAT HAD BEEN QUASHED BY THE MADRAS HIGH COURT IN WHICH SEVERAL SUPREME COURT CASES ARE REFERRED . THEY WOULD HAVE FILED THE CASE FOR CHEATING ALSO WHICH IS NORMAL .SINCE YOU HAVE PAID THE INSTALMENTS , THAT WILL ALSO BE QUASHED . SINCE YOUR CHEQUES ARE BLANK AND GIVEN IN 2006 YOU CAN VERY EASILY WIN THE CASE BY MAKING PAYMENT ONLY TO THE LAWYER. THERE ARE SEVERAL MATTERS TO BE LOOKED IN TO IN SECTION 138 CASE. I WILL PROVIDE YOU JUDGEMENTS FOR THAT ALSO . THERE ARE SEVERAL SUPREME COURT ADVOCATES IN DELHI KNOWN TO ME . IF YOU DON'T KNOW ANYBODY I WILL TRY TO CONTACT THEM AND ASK THEM TO ENGAGE AN ADVOCATE FOR YOU IN THE DELHI HIGH COURT . FIRST YOU GET THE CERTIFIED COPIES OF THE DOCUMENTS FILED IN YOUR CASE IN THE CONCERNED COURT AT BANGALORE .YOU SEE TO IT THAT YOU APPLY FOR THE CERTIFIED COPY OF THE DOCUMENTS FROM THAT COURT AND ALSO ATTEND THE NEXT HEARING AND FILE A PETITION TO RECALL THE ARREST WARRANT .YOU NEED NOT WAIT TILL THE NEXT HEARING ALSO . FIRST FILE THE VAKALAT AND RECALL PETITION TO RECALL THE ARREST WARRANT. AFTER THAT ONLY YOU CAN APPLY FOR THE CERTIFIED COPIES . BUT RECALLING THE ARREST WARRANT WILL BE OVER IN ONE DAY. IF YOU DON'T HAVE ANYBODY IN BANGALORE TO HELP YOU IN THE MATTER , AND IF YOU ARE WILLING YOU CAN ARRANGE A CENTRAL GOVERNMENT SENIOR COUNSEL  FROM MADRAS HIGH COURT TO TAKE CARE OF THIS . HE IS GOING TO CALCUTTA AND JHARKHAND COURTS AS A DEFENSE COUNSEL .REST ON HEARING FROM YOU .HE WILL CHARGE REASONABLY . ANYWAY AFTER THAT YOU ARE GOING TO ENGAGE YOUR ADVOCATE IN THE DELHI HIGH COURT ON YOUR OWN ONLY .- JOSEPH WILFRED - 21/10/2013 AT 18:50 HRS

1 Like

RK (self employed)     22 October 2013

Dear Mr. Joseph, 

Thank you so much for the information, I am trying to get the related documents as per your advise and then I will get back to you within a day or two.

R Trivedi (advocate.dma@gmail.com)     22 October 2013

This aspect has to be decided by our law makers or by SC. If you took the loan in Delhi and they filed the case in Bangalore just because they have the account in Bangalore, then GOD help this section S.138, it will be overhauled. 

 

1. With which branch you took the loan ? Which branch disbursed the loan to you ?

2. Is it written anywhere in the loan agreement that you have to issue  blank cheques ?

3. Is there any record of blank cheques  with you or acknowledgement of receipt of cheques by Bank ?

4. What is the collateral security lying with Bank on account of this loan ?

 

Please rest assured in loan cases genuine inability of  the debtor to pay cannot make him the criminal, the creditor has the option of availing the collateral security. Bank cannot sit on collateral security and arm twist you by filing criminal case under S.138. Some hardship for you on account our judicial proceedings, but you are safe.

You have to seek a copy of notice and complaint as what Bank is stating.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     22 October 2013

DEAR MR. RK

                        THANKS FOR YOUR COMPLIMENTS . I HAVE EXPLAINED YOU IN DETAIL WHAT OTHER SENIOR MEMBERS OF THE FORUM EXPLAINED TO YOU IN A FEW SENTENCES . IF YOU ARE ENTRUSTING YOUR CASE TO A ADVOCATE , NOBODY WILL KEEP TEACHING YOU HOW THEY ARE GOING TO PROCEED FURTHER IN THIS CASE AS THEY MAY BE HAVING OTHER CLIENTS TO TAKE CARE OF . BUT SINCE I HAVE WORKED IN A NATIONALIZED BANK AND THAT TOO HOLDING THE POST OF THE GENERAL SECRETARY OF THE UNION IN OUR BANK BESIDES HOLDING THE POST OF NATIONAL EXECUTIVE MEMBER OF THE ALL INDIA FEDERATION OF 28 NATIONALIZED BANKS IN THOSE DAYS IN ADDITION TO TREASURER OF THE STATE FEDERATION FOR 28 NATIONALIZED BANKS IN OUR STATE , I USED TO TEACH EVERYBODY HOW TO HANDLE A PROBLEM ON THEIR OWN WITHOUT DEPENDING ON ANY UNION , IF THEY HAPPEN TO FACE THE SAME PROBLEM AGAIN .BY DOING SO I DID NOT LOOSE ANYTHING BUT MANY APPROACHED ME TO OVERCOME THE TROUBLES THEY FACED IN THEIR DEPARTMENTS . BUT I USED TO DRAFT REPLIES TO THE CHARGE SHEETS ISSUED TO THEM BASED ON THE RULES TO BE APPLIED AS PER THE SERVICE REGULATIONS IN THE BANKING INDUSTRY . SINCE I KNOW HINDI ALSO BESIDES ENGLISH AND TAMIL , I WAS PUT IN CHARGE OF EMPLOYEES OF BANK'S IN NORTH INDIA PARTICULARLY NEW DELHI . IT IS VERY DIFFICULT TO HANDLE THE PROBLEMS OF THE BANK EMPLOYEES IN DELHI . I AM PRACTICING THE SAME IN THIS FORUM ALSO AS FAR AS I AM CONCERNED WITHOUT AFFECTING THE INTEREST OF OTHER FORUM MEMBERS .- JOSEPH WILFRED - 22/10/2013 AT 19:43 HRS ( I.S.T.)

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     22 October 2013

DEAR MR. TRIVEDI

                                  YOU HAVE ASKED SEVERAL QUESTIONS ABOUT AVAILING THE BANK LOAN . BUT BANK'S PREVIOUSLY USED TO GET BLANK CHEQUES FOR THE ENTIRE NUMBER OF INSTALMENTS BUT THE CHEQUES SHOULD BE SIGNED BY THE BORROWER . NO WHERE IN THE AGREEMENT OR IN THE LOAN APPLICATION FORM IT WILL BE MENTIONED THAT THE BANK IS ENTITLED TO ACCEPT BLANK CHEQUES FOR THE LOAN DISBURSED . IN ADDITION TO THIS THE PRIVATE BANKS WILL ACCEPT 2 SIGNED BLANK CHEQUES AS SECURITY CHEQUES . THESE CHEQUES WILL NOT BE RETURNED EVEN IF YOU FORECLOSE THE LOAN . I HAVE ALSO AVAILED LOANS NOT ON MY OWN BUT I WILL BE GETTING A NUMBER OF CALLS FOR GRANTING LOANS AT A LOWER INTEREST RATES. SOME WILL BE FOR TAKE OVER OF THE EXISTING LOAN FROM A DIFFERENT BANK AT A LOWER INTEREST RATES. AT NO POINT OF TIME I WILL ISSUE A BLANK CHEQUE TO ANY BANK . I WILL ASK THEM TO HANDOVER THE APPLICATION FORM AND GET IT COLLECTED ON THE NEXT DAY SINCE I WILL FILL UP EVERY COLUMN IN THE FORM . I WILL HANDOVER THE CHEQUES ONLY AFTER THE LOAN IS SANCTIONED AND THAT TOO EVERY COLUMN FILLED UP . I HAVE " CLOSED " EVERYTHING BEFORE THE YEAR 2005 . NO BANK HAD RETURNED THE UNUSED CHEQUES OR THE SECURITY CHEQUES . BUT I WILL GIVE " STOP PAYMENT INSTRUCTIONS " TO THE BANK . BUT "STOP PAYMENT INSTRUCTIONS " SHOULD NOT BE GIVEN WITHOUT GETTING THE " CLOSURE LETTER " FROM THE BANK . SOME OF THEM CLOSE THE LOAN AND RUN FROM ONE BRANCH TO ANOTHER TO GET THE CLOSURE LETTER . SOME OF THEM HAD NOT GOT THE CLOSURE LETTER EVEN AFTER WAITING FOR MORE THAN 5 HOURS IN A BRANCH . MY PRACTICE WAS " I WILL TAKE A DEMAND DRAFT FOR THE AGREED AMOUNT " AND CONVEY THE DRAFT NUMBER TO THE CONCERNED AUTHORITIES AND ASK THEM TO COME WITH THE " CLOSURE LETTER MENTIONING THE DEMAND DRAFT NUMBER IN THE LETTER ". AFTER COMING HOME I WILL CHECK THE LETTER AND SHOW THEM THE DEMAND DRAFT BUT I WILL NOT EXCHANGE IT . I WILL HAVE A RS.20/- STAMP PAPER AND ASK THEM TO WRITE THE CONTENTS OF THE PREPARED TEXT THAT THE LOAN IS COMPLETELY CLOSED AND THERE IS " NO DUES IN THE LOAN ACCOUNT ". I WILL ALSO INCLUDE A SENTENCE IN THAT " IN THE NEXT STATEMENT THE LOAN ACCOUNT WILL BE MADE ZERO ". ONLY AFTER THAT I WILL HAND OVER THE DEMAND DRAFT TO THEM . THE PROCESS MAY TAKE EVEN ONE HOUR . IN ONE OF THE MATTERS THE BANK EXECUTIVE CAME IN THE CAR AT 10:00 P.M. AND IT TOOK ONE HOUR TO FINISH EVERYTHING . NOW A DAYS BANKS ARE DEMANDING " ECS MANDATE FROM YOUR BANK FOR THE NUMBER OF INSTALMENTS ". IF ANYBODY GIVES A ECS MANDATE , THEN HE CANNOT GIVE STOP PAYMENT INSTRUCTIONS TO YOUR BANKERS WITHOUT GETTING A LETTER FROM THE BANK FROM WHERE YOU AVAILED THE LOAN . THIS IS IMPOSSIBLE . NOT ONLY THAT IF A PERSON GIVES AN ECS MANDATE , THEN THAT BANK CAN INCLUDE YOUR ACCOUNT NUMBER AND THE AMOUNT OF THE INSTALMENT IN THE DAILY SHEET SUBMITTED TO THEIR BANKERS FOR COLLECTION . FOR EVERY RETURN , THEY WILL DEBIT YOUR LOAN ACCOUNT BY RS.250/- NINE YEARS BACK AND YOUR BANKERS WILL ALSO DEBIT YOUR ACCOUNT FOR " CHEQUE RETURN CHARGES ". FOR THE LAST EIGHT YEARS I AM FREE FROM ANY TROUBLE AND I AM PRESERVING THOSE DOCUMENTS TILL TODAY . WHAT THE BANKS DO IS " THEY ISSUE A CLOSURE LETTER " TO YOU AND GET THE AMOUNT CREDITED TO YOUR ACCOUNT . BUT ACTUALLY THEY DON'T CLOSE SUCH ACCOUNTS IN THE BOOKS OF THE BANK AND KEEP ON ADDING INTEREST TO YOUR LOAN ACCOUNT . THIS THEY SHOW AS LOSS IN THE BALANCE SHEET AND AVOID PAYING " MORE INCOME TAX TO THE GOVERNMENT " . THEY INVEST THIS AMOUNT IN PROPERTIES AND GET A GOOD PROFIT IN A SHORT SPAN OF TIME . WILL ANYBODY AGREE THAT THE GREAT " CITY BANK " ISSUED A INSOLVENCY " NOTICE IN THE UNITED STATES AND THE GOVERNMENT OF THAT COUNTRY HAD PUMPED IN TRILLIONS OF DOLLARS ABOUT FIVE YEARS BACK TO SAVE ITS CUSTOMERS IN THE UNITED STATES . I HOPE I HAVE EXPLAINED YOU IN DETAIL HOW THESE FOREIGN BANKS CHEAT OUR GOVERNMENT BY NOT PAYING THE ACTUAL TAXES . DO YOU KNOW THAT THE UK BASED HONGKONG BANK A GIANT IN THE UNITED STATES WAS INVOLVED IN MONEY LAUNDERING BUSINESS IN INDIA . IT HIT THE HEADLINES DURING THE MARCH BUDGET SESSION OF PARLIAMENT . ENFORCEMENT DIRECTORATE INVESTIGATION IS GOING ON AGAINST THE BANK IN INDIA - JOSEPH WILFRED - 22/10/2013 AT 22:50 HRS (I.S.T.) 

I love my parents (law)     29 October 2013

yes we need same help pls.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     29 October 2013

DEAR MR. QUERIST

                                     YOU HAVE JUST PUT IN ONE SENTENCE THAT YOU NEED THE SAME HELP. YOU HAVE NOT STATED WHAT TYPE OF PROBLEM YOU ARE FACING AND WHERE YOU ARE WRITING THIS TO KNOW MORE ABOUT YOUR PROBLEM . KINDLY PUT A BRIEF SO THAT OTHER FORUM MEMBERS WILL ALSO GIVE YOU THEIR ADVICE . IF ANYBODY OF THEM IS FROM YOUR PLACE , THEY WILL BE IN A POSITION TO HELP YOU DIRECTLY. BUT BOTH OF YOU , PLEASE DON'T CLOSE YOUR ACCOUNT IN WHICH YOU HAVE ISSUED THE CHEQUE OR GIVE "STOP PAYMENT INSTRUCTIONS " FOR THE CHEQUE . YOU KEEP AN AMOUNT BELOW WHAT IS REQUIRED FOR ONE CHEQUE . SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT ,1881 ( 26 OF 1881 ) SAYS : - WHERE ANY CHEQUE DRAWN BY A PERSON ON ANY ACCOUNT MAINTAINED BY HIM WITH A BANKER FOR PAYMENT OF ANY AMOUNT TO ANOTHER PERSON FROM OUT OF THE ACCOUNT FOR THE DISCHARGE , IN WHOLE OR IN PART , OF ANY DEBT OR OTHER LIABILITY,IS RETURNED BY THE BANK UNPAID, EITHER BECAUSE OF THE AMOUNT OF MONEY STANDING TO THE CREDIT OF THAT ACCOUNT IS INSUFFICIENT TO HONOR THE CHEQUE OR THAT IT EXCEEDS THE AMOUNT ARRANGED TO BE PAID FROM THAT ACCOUNT BY AN AGREEMENT MADE WITH THAT BANK, SUCH PERSON SHALL BE DEEMED TO HAVE COMMITTED AN OFFENCE AND SHALL , WITHOUT PREJUDICE TO ANY OTHER PROVISION OF THIS ACT , BE PUNISHED WITH IMPRISONMENT OR WITH FINE WHICH MAY EXTEND TO TWICE THE AMOUNT OF THE CHEQUE ,OR WITH BOTH :PROVIDED THAT NOTHING CONTAINED IN THIS SECTION SHALL APPLY UNLESS -

(a) THE CHEQUE HAS BEEN PRESENTED TO THE BANK WITHIN A PERIOD OF SIX ( NOW THREE ) MONTHS FROM THE DATE ON WHICH IT IS DRAWN OR WITHIN THE PERIOD OF ITS VALIDITY, WHICHEVER IS EARLIER;

(b) THE PAYEE OR THE HOLDER IN DUE COURSE OF THE CHEQUE, AS THE CASE MAY BE , MAKES A DEMAND FOR THE PAYMENT OF THE SAID AMOUNT OF MONEY BY GIVING A NOTICE IN WRITING, " TO THE DRAWER OF THE CHEQUE " OF THE RECEIPT OF INFORMATION BY HIM FROM THE BANK REGARDING THE RETURN OF THE CHEQUE AS UNPAID ; AND

(c) " THE DRAWER OF SUCH CHEQUE " FAILS TO MAKE PAYMENT OF THE SAID AMOUNT OF MONEY TO THE PAYEE OR AS THE CASE MAY BE , TO THE HOLDER IN DUE COURSE OF THE CHEQUE WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE SAID NOTICE . 

EXPLANATION -- FOR THE PURPOSE OF THIS SECTION , " DEBT OR OTHER LIABILITY  MEANS " A LEGALLY ENFORCEABLE OR OTHER LIABILITY " . I WILL EXPLAIN THE DETAILS IN THE NEXT PARAGRAPH BASED ON THE JUDGEMENTS , BUT I WILL NOT QUOTE THE JUDGEMENTS NOW AS I HAVE TO SEARCH THOSE FROM MY OLD RECORDS. EVERYTHING IS IN MEMORY. ACTUALLY THIS ONE SECTION IS NOT ENOUGH FOR CONVICTION . BUT FOR YOU THIS SECTION IS ENOUGH .FOR OTHERS WE MAY GO UP TO SECTION 146 OF THE SAID ACT .- JOSEPH WILFRED - 29/10/2013 AT 19:45 HRS 


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