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Author Topic: Personal Loan Recovery -Checque Bounce  (Read 641 times)

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Offline vinaychebolu

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Personal Loan Recovery -Checque Bounce
« on: December 09, 2015, 09:03:00 PM »
Hi All,
Myself Vinay. This query is related to personal loan non payment since 7 months. I have taken a personal loan from fullerton india for 255,000 and I paid 5 EMI's (8,200 INR per month) till May 2015. I was not in a condition to pay the EMI's from June 2015 till now due to some family health issues and one blender which I have made was I relocated from Hyderabad to Chennai by changing my job in some other company and that company is not doing well due to thier bussiness plans and they have shut down the countries which I was handling and in a confusion regarding my carer. Later now recently I have taken a decision and moved to my previous organization with less package which I actually getting in the current.
1. I have recieved a call from Fullerton Bank lawyer stating that they have filed a case againist me.
2. I can't pay the outstanding till now because I do not have money with me now. Can i say that I will pay after 6 months from now and regualar EMI's if they reduce to 4000 I can able to pay it from now onwards by increasing the tenure.
3. I have not given my present address since they are private bankers and they will send goons to my family for recovery.
4. How to get rid from this case, since there are sections 138 and 420 they want to file for check bounce. Will police arrest me
Please advise on my queries.
Regards,
Vinay

Offline adv.amarnath

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Re: Personal Loan Recovery -Checque Bounce
« Reply #1 on: December 13, 2015, 07:40:02 PM »
You all probable doubts are certainly true. FIR can lodged against you under Section 420, then you have to take bail from court otherwise you will be arrested. Generally company do not go for criminal case but they will attach you property for recovery of loan amount with interest. I cannot advice you in the manner you are seeking for. If case under Section 138 NI initiated then also you have to take bail for that
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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