Non bailable warrant for not paying Bank loan emis

[Ramesh]

Hello Sir,

I have taken a personal loan from bank in 2015 mid year. I lost my job in 2015 Dec. But using Gratuity and PF I could able to pay emis till 2016 Dec.

My fiance filed false rape case on me and I had to stay in jail between Oct-2016 to Nov-2016. Bank EMI was paid till end of 2016 as up-to that point there were balance in account.

I am searching for a job till now.

Yesterday bank called me and told me that I have to settle the amount pending immediately and that they have gone to court and they sent many notifications and I didn’t attend the court so they have a non-bailable warrant on me.

They have a clause in Loan contract that if I do not pay emi for 3 months they can take legal action on me.

Sir, none of the notice came to me as they had my hostel address as my address, which was on my passport. I did not know this information as I do not have savings account with this bank and a consultant took my documents and got me the loan. I didn’t even know from which Bank branch my loan is present. I tried to get this information from customer care when loan was sanctioned but they didn’t provide it.

Currently they are saying they will send legal team to my home address, after showing the notice to my area police station. And the legal team will sit in my home and ask to pay the money immediately.

They are not telling me in which court they have filed the case.

The bank is not ready to give time even after requesting the manager alot. They also said mentioning my false rape case will make banks case stronger.

Sir,
1. How can I avoid going to jail in this case. Should I take a Anticipatory Bail ? The court where the case is filed is unknown. Only know that court is in xyz city.

2. The legal team will come to my home and demand repayment of loan immediately, is what the manager is telling me. Can they do it sir ? Can we ask them to leave house, as my aged parents are staying alone in the house. My mom has BP and dad has sugar. I am worried sir.

3. How to handle this situation in overall sir ? Loans are civil matters. The bank has now turned it into criminal matter. And not providing any breathing time.

Thanks and Best regards
Ramesh

[Dr. Ashok Dhamija]

Non-payment of bank loan EMIs is basically a civil matter for which remedies are available in the civil court or may be in DRT. Issuance of non-bailable warrant (NBW) in such matter is not done. You have said that NBW has been issued due to your non-appearance in the matter; usually, that is also done in a civil court; if you remain absent, the civil case would be decided against you. So, it is doubtful whether NBW would have been issued in this matter. Yes, if the bank has lodged some criminal complaint against you (such as for cheating), then it may be a different issue.

In any case, try to ascertain the details. If you have a genuine reason for your non-appearance (such as being in jail for 3 months due to rape case), then you can explain that to the court and get the NBW cancelled. You can also negotiate with the bank and offer to make payment of the remaining instalments and clear the loan.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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