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Cannot pay emi of loan, bank filled case u/s 138 of NI act


13-Oct-2023 (In Cheque Bounce Law)
My Self r Live in Faridabad. I have a 1 Lakh Rs. personal loan of HDFC BANK. I have complete 7 Emi of Hdfc Loan Emi. Suddenly My Head Injury Accident. I have admitted to hospital for treatment. I spend in treatment approx 2 lakh Rs in hospital. I take medicine now continue. I am not completed well condition. I have no job. I am not able conitnue pay Loan Emi. Hdfc Bank case on delhi court cheque bounce, not loan emi case. they case me 138 section in court. I am not understand about this, please suggest me. Thankyou 
Answers (4)

Answer #1
227 votes

If you're planning to buy an independent house in Chennai with an EMI option, the most common route is through a home loan from banks or NBFCs. Many builders also have tie-ups with banks to provide easy EMI schemes, and government schemes like Pradhan Mantri Awas Yojana (PMAY) may help you reduce the cost with subsidies if you're eligible.

Be mindful, though if an EMI cheque bounces, it's treated seriously under Section 138 of the Negotiable Instruments Act, 1881, which can lead to a legal notice and even court action. Cheques may bounce for reasons like insufficient funds, incorrect details, or even technical glitches, so maintaining adequate balance and keeping track of due dates is crucial.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
554 votes
If u got notice from the court then u have to fight the case after getting bail. Bail is must if u don't get your bail then u will be in deep trouble. I m also from Faridabad ...It's better ...You must hire me from this forum for this matter.
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Advocate Nipun Chowdhury

Adv. Nipun Chowdhury

LawRato Faridabad | 25+ Answers
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Answer #3
841 votes
Hi, The Bank can file the case u/s 138 of NI act because of the dishonour of the same. You will have to defend the case, however if you wish to pay the amount in installment or installments, the case can be compromised.
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Advocate Manoj Kumar Sharma

Adv. Manoj Kumar Sharma

LawRatoFaridabad | 25+ Answers
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Answer #4
556 votes
if they are filling case of 138 that means that they have cheques in their possession with your signature on it. most probably they have taken these cheques as the security of your emi payment. but the law is that you cannot take the cheque as the security of payment. they are doing it to harass you and to take out money out of your pockets. keep calm and litigate this case without any fear. it will be most probably in your favor. by then you will also get time to recover and start your life again. let me know if i can help you in any way. :)
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Advocate Mohit Aneja

Adv. Mohit Aneja

LawRatoPanipat | 25+ Answers
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Karan singh
No they can't file Ni 138 against you court will never accept because it's a unsecured loan if they file then it's violation of Indian contract act and also RBI guidelines read your loan agreement

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