Regarding bail from 138 case in delhi
07-Oct-2023 (In Cheque Bounce Law)
I hv given security cheque to icici bank for home loan but my flat sell to another customer then I stopped pay emi to icici bank . Now bank has filled a case in Drt and 138 . Court has send summon to me . Pls suggest how can get bail from 138 case becoz builder has sold my flat to another person and give possession to him .
Thanks
Jaisa ki aapne kaha ki aap pilave nahi kaam kar Madarsa Delhi Delhi c Delhi Court mein builder Ne kar karaya hai Yeh Kehte ho kya aapne aap ki cheque Bounce Ho Gaya aap ki payment clear nahi ho rahi hai Lekar ke internet Mukunda Kiya Hai or Drt me bhi case file hua hai. Aapke bail bonds jaege aur solo builder ke Khiladi case file.karnahoga
Hi,
You should immediately contact a lawyer as you can secure your liberty without having to go to Judicial Custody. Your lawyer should enter appearance before Court along with the application and explain the circumstances to the Judge.
You can proceed to fight this case out, or in the alternative, through mediation or by out of court settlements can be arrived at with the banks .
Do let me know if you need further assistance.
Dear Client,
You may file for getting bail producing evidence of selling your flat to somebody else without your permission, if duly allotted to you. also you would have reason to stop the cheque.
More over security cheques are not considered as liability if bounced. liability has to be basis of 138 NI Act. Liability part has with company who promised to sell to you. the company breached you of promise with you. You may claim compensation through consumer case against company.
For payment of loan Bank may go for DRT. not for 138 case. you may settle this case with negotiating with Bank.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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