Legal Question in Banking Law in

Sir, I had availed a PL of Rs. 2 Lakhs from SBBJ. After certain regular repayments of EMI, circumstances suddenly changed and EMI repayment went beyond my affording capacity. Meanwhile the bank initiated NI act 138 against me. I received a notice from the bank and paid a part payment within 15 days also. this is was the notice from branch manager. After that I got one more notice from the bank's lawyer. I received the notice but could not pay the amount asked for. After that they initiated the NIA 138. However after that I deposited the amount also but there is no mention on the pay-in slip that amount was deposited against the cheque returned. Later as the situation improved, I started paying the EMI as well. this continued for more than 10 months (i.e 10 EMIs). Bank kept on pressing that I should repay the whole amount and close the account which I was in no way able to. As asked by the Branch manager, recently I moved a compromise proposal to allow me to make the repayments within 6 months on varying intervals. I have submitted PDCs with the proposal as well. On the other hand, the NIA 138 continued in the court, I took bail once but could not go on 2-3 hearings. Now I got a bailable warrant against me. I went to bank manager, requesting him that they should inform the court that we have reached a compromise as well as the cheque amount had already paid but he said this could be done by his lawyer only. After this explaination, sir, my request is that I have been compelled to pay much more than what I was supposed to and on other hand, my legal battle still continues. What should I do now or how should I present it before the court to close it down. what could I do against the bank. Kindly suggest.


Asked on 9/15/10, 12:17 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

file a complaint against the bank for the false case against you in the same court

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Answered on 9/18/10, 11:20 am


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