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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 (3)

Answer #1
918 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.

Answer #2
963 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.
Answer #3
661 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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