G PRAKASH (CONSULTANT) 14 March 2013

Cc no. 683/13 138 ni act

Dear All,

Since, i've lost my job & personal loss, i'd unable to honour cheques belongs to personal loan at HDFC bank. Today i've received a summon from court states that, i've to appear in person & mentioned in the summon as cc no. 683/13 138 NI act . At present my finance position is very critical and i earned around Rs. 5,000/-pm by doing day today work. Since, my position is like this i'm unable to honour the cheques. While i was in job i've paid the dues in proper.

Kindly advice me what should i do?

Thanks and regards,

Prakash Ganapathy.

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1 Replies

Divya (nil) 14 March 2013

Please equally check did u receive a legal notice that ur cheque has bounced under 138 NI & u also need to look at the time frame comparing with the NI act...

Most of the supreme court decisions favor that "security cheques" can come under NI but a Bombay HC judgment can come to ur defense.

https://www.indiankanoon.org/doc/159343/

Bombay High Court

Ramkrishna Urban Co-Operative ... vs Shri Rajendra Bhagchand Warma on 16 February, 2010

You cannot base ur case on purely LCI, u have to contact a local 138 specialist for ur defense...that's d only way out....Banks are becoming cruel day-by-day & u have to take prevention.