Legal Question in International Law in India
Can an Indian residing in United States be deported on non-payment of personal loans in India? What is the procedure there and does that fall under "Sec 138 NI Act"? If the arrest warrant has already been issued in India - could an anticipatory bail be requested without going to India? What are the options?Please advise!
4 Answers from Attorneys
In my personal opinion, it would depend upon the kind of visa one is holding while residing in United States. Normally speaking, non payment of personal loans have no nexus with the deportation especially when the offence is 138 NI Act.
One may apply for cancellation of NBW through his counsel without even causing appearance before the magistrate. Recap, 138 NI Act, is a bailable offence.
The other options, if any, would depend upon the merits of the complaint and relied upon documents.
The answers to your queries are here in below for your perusal :-
1) You would be deported if the person to whom you owe the loan amount has filed a FIR against you only and not otherwise.
2)Sec 138 of N.I act is a situation in which you had issued a cheque to discharge your liability and the cheque is dishonoured on various grounds which invoke the provision of sec 138 N.I Act but this sec is bailable.
3) Yes you can go for anticipatory bail without appearing before the court by engaging a lawyer for this job. But anyway for my knowledge what is your status in USA ? Are you a Green card Holder or you are there on any non immigrant visa ? Please clarify. Just for your knowledge there is an Extradition treaty sighed between both India and USA .
you need to hire a lawyer in india and he would file an application on your behalf for cancellation of non bailable warrants and accordingly move an application for your permanent exemption from appearance. in such matters, deportation may not be there but you should not keep the criminal matter hanging against you. better get in touch with a lawyer now.
there is no need need of anticipatory bail as advised above but the NBWs need to be cancelled.
yes u can be deported back
as per laws countries signs treaties with each other for these reasons as this would amount to commiting a crime and fled away ..which should not be appreciated
u need to immediately contact a lawyer as this would create further problems which may affect you personally ...
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