home loan tata capital not npa but loan dene ka condition nhi hai

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Your situation has two separate legs and both must be handled at the same time — the cheque bounce complaint, and the loan account itself. On the cheque bounce case: an offence under Section 138 of the Negotiable Instruments Act is bailable and is tried as a summons case, so do not ignore the summons. Non-appearance leads to a bailable warrant and eventually a non-bailable one. Appear on the first date through a lawyer and furnish bail. Simultaneously verify three dates very carefully — the date of dishonour shown in the cheque return memo, the date of the statutory demand notice (it must be issued within 30 days of dishonour), and the date the complaint was filed (it can only be filed after 15 days from service of the notice, and within one month thereafter). Any defect in this sequence can defeat the complaint at the threshold. Also, if the cheque was handed over to the bank as a security cheque at the time of sanction and not towards a crystallised, presently payable amount, that is a recognised defence, but it must be pleaded from the very first stage and supported by the sanction letter and statement of account. On the loan: the fact that your account has not yet been classified as NPA is an advantage to you. Apply in writing to the branch manager, with a copy to the regional or zonal head, seeking restructuring — rescheduling of EMIs, extension of tenure, or a short moratorium — and support it with your books, GST returns and a written explanation of the business loss. If your unit holds a Udyam registration, the RBI's restructuring framework for MSME advances applies to standard accounts and the bank is obliged to consider your request on merits. Insist on an acknowledged copy of every letter you submit, as oral requests to the branch have no evidentiary value later. On the harassment you describe: file a written complaint with the bank's grievance redressal officer, referring to the RBI Fair Practices Code and the guidelines on recovery agents. If no satisfactory reply comes within 30 days, you can escalate free of cost to the RBI Ombudsman under the Integrated Ombudsman Scheme. Finally, keep in mind that an offence under Section 138 is compoundable under Section 147 of the Act. If you are able to negotiate a settlement or a one-time settlement with the bank, the criminal case can be brought to a close, and such matters are frequently settled through Lok Adalat as well. Please keep the following ready for your lawyer: the loan agreement and sanction letter, the cheque return memo, the legal demand notice and any reply sent to it, the complete statement of account, and all correspondence with the bank.

Advocate Syed Badrul Ashad LawRato