How to avoid Section 138 case against me ? What if I dont go to court?

Dear Sir, My name is Amit Sharma, I have taken a personal loan from HDFC bank and continuously paid my EMI’s. But, in the month of August 2016 my job was gone and I am not paid my 3 EMI’s. In January HDFC bank present my security deposit cheque in my bank which was dishonored/bounced. Now, they have filed a suit against me in Dwarka court of section 138 and issued a summon for hearing on 4/05/2017 in dwarka court because I am not living at my address which is in record of HDFC so person affix the summon at home. In the context of above, at present my situation is not appropriate to pay the said amount in one short. So, please advise me in this regard. Please also advise me if I am not be present in court so what the next step of court. If there is any possibility to get one or two months time to get the things normal.. please advise

Answers (5)

319 votes

Well if u are not present in the court on the date of hearing, bailable warrants shall certainly be issued against you. As it is evident that you wish to pay the amount, it is always advisable to join the court proceedings alongwith a lawyer as on the first hearing u need to be bailed out. As far as payment is concerned, the courts are generally leinent and time will certainly be granted to you, provided that you are ready to pay.

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318 votes

Hi, cheque bounce case is a criminal matter and you may also be arrested if you do not present before the court. There are many complications and to avoid these you should be present in the court on getting the summons. I would suggest you to consult a lawyer with all the relevant details in person so that he/she may provide you the legal support to fight the matter.

You may also contact my office for any further assistance.

Hope for the best.

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147 votes

Dear Mr. Amit Sharma first of all I suggest to co-operate with court matte and don't avoid the matter if you did not respond that court may issued a NBW (Non Billable Warrant ) against you and if possible contact me for your advice and better solution.

213 votes

Sir. From your query above, it's very much clear that it's your liability to pay the said amount in regard. Now the security cheque is also under the provisions of 138. They have affixed the summon at your registered address, which means it has been delivered. In case you don't appear on the date affixed, the court will issue the bailable warrant first and then non bailable. Taking time is another option which could be availed but through a process. But not appearing will show that you are trying to abscond. It's better to engage a experienced lawyer in regard. Everything can be handled. I can go through out your help in regard. Contact as per your discretion.
Best of luck.

99 votes

sir if you want to avoid the burden of going to court for the case you can skip one or two hearings but non-compliance with order of the court may result in serious consequences. you are not residing at the address mentioned in the records of HDFC bank that will be taken as defence of not going to court that the notice/summon is not served to you now for the payment you can approach the representatives of bank for final adjustment but don`t be late this may cause heavy burden of interest amount, by this way you can adjust your case and settle it out of court

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