SIDDHARTH (ACCOUNTANT) 25 June 2010

TOTAL OUTSTANDING IN SECTION 138

Dear Sir ,

I have a credit card of ICICI Bank. In the year 2007 there are 2 cheques of Rs. 8000/- & Rs. 4400/- were bounce from my account as they took the cheques from by doing too much pressure. I am unable to pay the amout with in the notice period & then they filled 2 case under sec. 138.

After this in 2009 they have directly withdraw Rs. 11409/- from my salary account which was in ICICI bank without intimate me or without any notice.

After this in every court date they were ask me for pay the whole outstanding amount which is of Rs. 1.7 Lacs. as my principal outstanding is rs. 0.9 lacs. they told me that if i can not pay this amount in one shot then they can not withdraw the case.

So, what can i do now ?, is they are demanding of outstanding amount in 138 case. I request him to settle the amount & give me installment which i will pay in regulary month

Kindly advice me

Siddharth. (siddharth.ahd@gmail.com)

Reply Follow

4 Replies

Dhawal Bhandari (ADVOCATE) 25 June 2010

bank usually goes for settlement.try to talk peacefully other go by due process of law

Dharmesh Manjeshwar (Advocate/Lawyer) 26 June 2010

are these 138 cases for the 2 cheques of Rs. 8000/- & Rs. 4400/- which they are not withdrawing ? If they are not withdrawing these cases then U can state before the Magistrate that U r willing to pay the cheque amounts alongwith whatever fine/penalty court imposes ... even if the Bank refuses to withdraw the case ... U might get the Magistrate's sympathy and finish off the case with a lighter punishment .....

SAINATH DEVALLA (LEGAL CONSULTANT) 26 June 2010

SAINATH DEVALLA

Dear Mr. Siddharth,

At the outset,whenever you receive a legal notice you have to reply within 15 days ,whether you have commited the crime or not as specified in the notice.Once your cheques get bounced you are under the cluthes of section 138 of NI Act. Well, once the matter has gone to the court you have to defend yourself strongly engaging an efficient advocate,who can come out with the loop holes even if you are fighting against a financial institution.

If you are ready for settlment of your account,your request of paying the dues in three or four instalments will certainly be granted.Dont get in touch with brokers.Contact the banks head office.

As far as the recovery made from your salary account ,they cannot do so without your consent.Only lien can be put for that particular amount .So kindly get in touch with a good advocate.