Regarding mortgage loan defaulter

Have you issued any cheque to bank?

1.  Your father took loan and you were co applicant, you are jointly liable to repay the entire loan including interest.

2.  In practice this type of case ended in settlement/ compounding with payment of due amount and not Jail. Better to settle the matter.

3.  You can defend the case in court citing various grounds, can also approach High Court for quashing of 138 proceedings.

If you want judgment only then you may have to search for that in the legal websites viz. Indian kaanoon etc, however if you want any opinion, then you may have to post more details so that proper opinion to the situation can be rendered.

Actually They have taken a cheque in 2015 at Loan time. 

No fresh cheque given to them. can file negotiable complaint on old cheque ???

Cheque obtained by Bank from you at the time of sanction of loan was towards " Security " and  on failure of to repay loan amount or interest by you, the Bank can use " Security Ceque " and file cheque bounce complaint against you.

Did you get any legal (mandatory) notice of dishonour of the cheque(s) drawn by you ? If so, submit your reply mentioning the subject cheque(s) was/were issued for security purpose. 

Or

Any summons have been issued by the Court ?

Please post complete facts.

I want to defend myself from negotiable case, because I missed 5 EMI and they made account as NPA and given notice of 138 notice of Rs. 8,15,000 whole amount and file complaint against me. I have paid principle amount of my father and co-applicant mortgage loan. My father died.  

Originally posted by : VIVEK HARIYANI
	I want to defend myself from negotiable case, because I missed 5 EMI and they made account as NPA and given notice of 138 notice of Rs. 8,15,000 whole amount and file complaint against me. I have paid principle amount of my father and co-applicant mortgage loan. My father died.

Be prepared to defend your case as party-in-person.

You are yet to post the material facts.