Any Legal Remedy for a person who is subjected to imprisonment without any intentional crime ?

[Calmrider699]

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Calmrider699
PARTICIPANT
March 23, 2025 at 11:57 am

I am 53 years old, took Personal Loan while working, was repaying regularl EMIs. During Covid-19 sufferings , I lost my wife, My physical health, my mental health , Sold ornaments for prolinged treatment, Finally I lost my only source of income ie my job. The lender Bank have filed NI- 138 willfull Defaulter case, and I am on bail. I have no money for settlement, Lawyer. My nephew is providing me food, clothes and shelter on sympathy basis.

Any Legal Remedy in Indian Laws ? OR all the laws blindely written as desired by Banks?

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[Cleversajal8453]

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Cleversajal8453
PARTICIPANT
March 23, 2025 at 11:59 am

S 138 is a pretty stringent provision, but in case you don’t have any money you can apply for legal aid and get a lawyer to defend yourself at government expense.

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[Calmrider699]

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Calmrider699
OP
March 23, 2025 at 12:09 pm

Got a lawer from Nalsa but he is showing unawareness about financial laws saying he is a criminal lawyer only.

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[Cleversajal8453]

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Cleversajal8453
PARTICIPANT
March 23, 2025 at 12:11 pm

Has he filled his Vakalatnama before the court?

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[Calmrider699]

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Calmrider699
OP
March 23, 2025 at 12:32 pm

yes. But he keeps quite from last 10 dates else Ji Janab.
I tries to repeat my view, I am intrupted saying the court is not interested in filmy story. They are including Honorable J— ( Seems to me)only trying to force me to repay or go to jail. They have nothing to think about any citizen and seems laws are made only in favour of the Mighty lenders.
Since selling Body organs like kidney is not legal, I have to go to jail for no Crime?

If law can’t protect me , In that scenario I would prefer what millions of Persons in India do under Loan stress.

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[Cleversajal8453]

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Cleversajal8453
PARTICIPANT
March 23, 2025 at 1:10 pm

Would advise you to center yourself first.
Court has a process and a law that must be followed, you will get a chance to produce your evidence and arguments as well – but at the correct stage of the trial.
Get a different lawyer from the legal services authority, and tell them your side.

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[Calmrider699]

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Calmrider699
OP
March 23, 2025 at 12:25 pm

yes, He is with me from last 12 Dates, never spoken a single word else, Ji Janab. Everytime I speak but intrupted because court believes my story as filmy and Any how trying to force me to repay or Jail.
I would have paid if selling Kidney or other body parts were legal in India. I have nothing else.

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