Upgrad LLM

cheque bounce


Hi,

Due to unemployment I was not able to pay for my HSBC credit card loan. After i got a job opted for settlement with HSBC. The settlement amount came to INR 35000.00.I opted for installments and a letter was issued by HSBC.The 2 cheques given by me were cleared the third cheque was of HSBC bank despite having funds it bounced as the bank had freezed my account. I requested them to clear it as i can give letter in written but instead of that they filled a case against me under section 138. Although i have cleared the full settlement amount the bank is not ready to withdraw the case. nor have they issued a null statement.

After speaking to the bank they state that it was not paid in time so its complicated.

Kindly guide what to be done.

Regards

Amit

 
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LAWYER

hi if u  filled all the amount to banks then don't worry show that receipt of the paid amount in court . and u can take cost from them for litigation.


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Thanks a lot Jatin for your help !

Although the amount was paid before the due settlement date, are their any consequences if they say that the amount was not paid as scheduled in equated installment.

Regards

 

Amit

 
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ADVOCATE

AS PER THE BANK NORMS IF ANY INSTALLMENTS OF SETTLEMENT ARE DEFAULTED FOR WHATEVER REASONS , THEY PRESUME THE PAID AMOUNT TO BE FORFIETED AND SHALL ASK FOR NEW SETTLEMENT. DO NOT AGREE FOR NEW SETTLEMENT. TAKE YOUR STAND OF AMOUNT LAWFULLY PAID.

SUBMIT THE COPY OF DORMANCY OF YOUR BANK ACCOUNT ALONG WITH THE COPY OF CHEQUE HONOURED AND SETTLEMENT AMOUNT PAID TO THE BANKERS.

iF THEY FAIL TO CONSIDER YOUR REQUEST, YOU MAY APPROACH RBI OR THE OMBUDSMAN OFFICER OF THE SAID BANK FOR REMEDY

 

 
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hi, recent judgement of bombay high court. this type of case will not stand the scrutiny of the court.  have all records and go for quashing of the complaint and also file a case for damages on the bank.

 
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