Guidance needed for Loan Settlement – criminal case by bank ?

Community Forums Legal Advice India Guidance needed for Loan Settlement – criminal case by bank ?

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    • #71981 Reply
      Wisewolf8687
      Participant
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        Wisewolf8687
        PARTICIPANT
        January 18, 2025 at 6:44 am
        My friend took a loan from TATA Capital three years ago. Unfortunately, he lost his job last year, and his father also lost his source of income, which made him unable to pay the EMIs. Since I was listed as a reference, I’ve been receiving calls regarding this issue.

        Currently, he is negotiating with TATA Capital to settle the loan for a reduced amount. They’ve agreed to settle it for β‚Ή2 lakhs, even though the original loan amount was β‚Ή7 lakhs.

        However, today he received a notice from the police, which includes the following details:

        Address:
        No. 32, Block-B, 20th Floor, Bahumali Building, Lal Darwaja, Ahmedabad – 380001
        Criminal Case: Xxxxxxx

        WHEREAS your attendance is necessary to answer to the charge under The Payment and Settlement Systems Act, 2007, Sec. 25, you are hereby directed to appear in person (or by a pleader) before the Additional Chief Judicial Magistrate of N.I.A. Court No. 32 on 21/01/2025.
        Failing to appear may result in further legal action.

        I’m confused about why this has become a criminal case. What can he do now? He is not in a position to repay the full amount.

      • #71984 Reply
        Alphaguy415
        Participant
          A
          Alphaguy415
          PARTICIPANT
          January 18, 2025 at 6:57 am
          Interested in knowing…

        • #71983 Reply
          Ashishmaster940
          Participant
            A
            Ashishmaster940
            PARTICIPANT
            January 18, 2025 at 8:29 am
            Lawyer here.

            Tata Capital has filed a case against him for failure to payback the loan. Appear in court, tell the court that he is in process to settle the amount. Once settled, don’t forget to bring settlment agreement in court with a plea of no further dues.

          • #71982 Reply
            User_e921849e
            Participant
              U
              User_e921849e
              PARTICIPANT
              March 22, 2025 at 8:08 am
              Whom to contact for loan settlement in Tata Capital, my freind also has loan of 7L, but now is suffering from Chronic Illness and hence wants to settle loan

              • #71985 Reply
                Wisewolf8687
                Participant
                  W
                  Wisewolf8687
                  OP
                  March 22, 2025 at 1:27 pm
                  Stop paying EMIs and then the collection guy will contact. Ask him to arrange settlement since unable to pay

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