Legal Question in Criminal Law in India

am an NRI residing in US. a non bailable warrant has been issued against me in a check bounce case. the bank presented a check of 56000rs towards my home loan emi, without my knowledge. i had actually issued the check as a security. what can i do now. will i be able to visit India and return safely.

please note my lawyer has instructed me not to pay the 56000rs . also as per his instructions i have stopped paying emi to the bank for last 12months.

this is because 18months ago after buying the house and promptly paying the emi for 6mnths we found out that the titles of the property are fabricated. i have registered a case of forgery and cheating against the seller. chargesheet against the seller is also prepared and matter is in criminal court. having registered the case i have informed the bank about my unwillingness to pay the emi till matter is settled in court. the bank however has presented my blank check , and now exerting pressure on me. my lawyer says i can visit ndia without any problems.

but my question is, will i be able to return to US safely. if not what measure do i need to take.


Asked on 3/18/11, 7:39 pm

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Did your lawyer file a reply to the mandatory notice issued by the bank or its lawyer before filing complaint case i/s 138 N.I.Act ?If yes then you or your lawyer must have informed the bank about the forgery etc.of the title of your house . I need to know the complaint filed by the bank against you and your reply to the effect. I would not suggest you to visit India before clarifying your status regarding your complaint case. I am sure court must have had issued NBW by now against you for your not appearance before the court. And what steps have been taken by your lawyer to cancel the same.

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Answered on 3/18/11, 10:43 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may ask your lawyer to move an application before the concerned magistrate for cancellation of Non Bailable warrants issued against you on the ground that you are out of India and also that there is a criminal complaint filed by you for the alleged forgery. in case the magistrate declines to cancel the warrants, an appeal can be filed against the order or the Writ may be filed. once the warrants are cancelled, your lawyer may move an application for your permanent exemption.

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Answered on 3/18/11, 11:37 pm


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