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I get summons against ecs bounce


03-Dec-2023 (In Cheque Bounce Law)
I get summons against ecs bounce of my loan, i am not able to pay personal loan emi last 9 months because of my father's operation. I have all prescriptions of hospital. I want to make payment but i need time of 6 months. What should i do plz suggest me.
Answers (5)

Answer #1
482 votes

In India, an ECS (Electronic Clearing Service) bounce is treated similarly to a cheque bounce and can attract criminal liability under Section 138 of the Negotiable Instruments Act, 1881. If an ECS payment fails due to insufficient funds or any other reason, the payee can issue a demand notice to the payer. If the payer does not make the payment within 15 days of receiving the notice, the payee can file a criminal complaint in a Magistrate's Court. This may lead to imprisonment for up to two years, a fine of up to twice the amount due, or both, in addition to potential civil proceedings for recovery of the amount.

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Advocate Siddhant Sharma

Adv. Siddhant Sharma

LawRatoDelhi | 200+ Answers
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Answer #2
539 votes
You may please share the copy of the summons with us. We will advise you and represent your case. Electronic funds transfer is defined in the payment and settlment act as any transfer of funds which is initiated by a person by way of instruction,authorisation or order to a bank to debit or credit an account maintained with that bank. The provisions of Chapter XVII of the Negotiable instruments Act,1881,shall apply to the dishonour of electronic funds transfer. For further consultancy and legal services you may contact us.
Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #3
518 votes
In this regard, I advice you to first tel me which bank or FI you are dealing with and then you can ask for the settlement. It is submitted that please don’t admit your liability as 138 is not recovery proceedings and confers criminal liability on you. For that you need to fight in 138 case and then simultaneously you can seek for settlement. Without advocate you won’t be able to solve your problem. So therefore get legal assistance at the earliest.
Advocate Ujjwal Jain

Adv. Ujjwal Jain

LawRatoDelhi | 200+ Answers
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Answer #4
731 votes
Being a Lawyer doing matters in Calcutta Metropolitan Magistrate Court, it is to specify you that if you through a Lawyer do not enter appearance on this matter on the date as has been prescribed in that Summons then warrant of arrest will be issued and sent to your local police station and the police will start to harass you and in such case, you don't have any other option but to come to Kolkata to take bail. To get my legal assistance professionally upon online payment, you can whatsapp.
Advocate Sinjari Bandyopadhyaya Banerjee

Adv. Sinjari Bandyopadhyaya Banerjee

LawRatoKolkata | 700+ Answers
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Answer #5
781 votes
Dear client, as cheque bounce case is a criminal case, you have to attend court and take bail or else a warrant will be issued and you may land up in jail. I ll make sure that you dont have to pay but you must take bail from court. You can contact me for any legal assistance.
Advocate Avishek Dey

Adv. Avishek Dey

LawRatoKolkata | 25+ Answers
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