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Legal case not revoked by bank even after 9 months of settlement
11-May-2025 (In Cheque Bounce Law)
Settled a PERSONAL LOAN 9 months back. Expected that case would be revoked by bank as mentioned in settlement leter. Recently received arrest warrant for same legal case. Reached out bank on the matter, official reply awaited. Meanwhile, someone called me with an excuse that after settling my credit card, case will be revoked.
Case was filed for loan (as communicated by bank) which is settled. Moreover, case filed under section 138/25, which can't be imposed on credit card.
Please guide.
Await the bank’s official response regarding the revocation of the case, but do not rely solely on their assurance. Given that Section 138 of the Negotiable Instruments Act pertains to cheque dishonor and is not applicable to credit card disputes, any claim or case filed under this section for a credit card is legally untenable. Additionally, exercise caution regarding the phone call suggesting settlement of a credit card, as it appears misleading and may be an attempt at fraud.I advise you to contact me directly at the earliest for a detailed consultation.
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Adv. Ashutosh Singh Rana
Delhi | 25+ Answers
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This situation may warrant initiating a consumer complaint against the Bank, particularly if there has been a deficiency in service or unfair trade practice. A similar issue has arisen in one of my ongoing matters, where we are already contesting the bank's actions and have secured an interim order in our favor. As for the loan recovery case filed by the bank, it can be effectively contested on the basis of the merits and supporting material available on record.
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Adv. Garima Sharma
Delhi | 25+ Answers
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You are mixing everything. Case under sec 138 is a cheque bounce case. You might have handed security cheuque to the bank against loans etc . And when one doesn’t pay installment then banks used those cheques against your pending dues.. please reach out to the advocate and give a clear picture of your case then only one can help you
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Adv. Aditi Gupta
Delhi | 25+ Answers
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You must approach the court and show them all the evidences regarding the settlement done with the bank officials and also the copy of the NOC given. Then the matter will be closed by the court and you will be free.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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If the aggrieved person has No Objection letter/ certificate at the time of closing of loan , then you can easily , go to file criminal complaint of criminal intimidation ,cheating and forgery , along with you can file tortious suit as well against bank.
Before that you should write a letter to bank manager with attached copy of NOC that ur loan has been settled and bank is harrassing you . And if they are not closing all these illegal calls and messages then go to file criminal complaint
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Adv. Chetana Mishra
Delhi | 25+ Answers
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