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CI took Personal loan when I was having a good job package and was regularly repaying the EMIs. Then comes the Covid-19, I lost all my emergency savings,my mother, Then my job, then my spouse, Then my assets, Then my physical health and then my mental health. I informed al that to bank but NI-138.
what should I do ? No money – Food, Clothing and shelter is provided by my Nephew on sympathy basis, No money for advocate, Got legal aid but he told me that he is not in touch with financial laws.
Court don’t believe me, saying its a filmy story and court inly runs on evidences and laws which are my loan statement and bounced cheque. Case going on, Waiting for Jail sentence for no Crime ?NO REMEDY FOR A NON WILLFULL, INNOCENT Loan defaulter?
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DSo what do you think should happen in an ideal world? People should be allowed to take loans and not pay back?
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Pa man in distress should not read this.
Always be kind. you never know when you might need that kindness. -
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BLawyer here based in Delhi. Section 138 of the Negotiable Instruments Act (cheque bounce case) is not automatic imprisonment, conviction happens only if intent to cheat is proven, and even then, courts often allow settlement rather than immediate jail.
Since you genuinely could not repay due to financial distress, you should:
* File for insolvency if eligible under the Insolvency and Bankruptcy Code (IBC), 2016, showing you have no means to repay. This can help suspend ongoing proceedings.
* Challenge the case by proving lack of criminal intent. If you issued the cheque as security and not for repayment, that can be a defense.
* Seek mediation or out-of-court settlement—banks often accept negotiated amounts if full repayment is impossible.
If legal aid isn’t helping, you can try requesting a different legal aid lawyer with experience in financial cases. Let me know if you need guidance on next steps.
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