Non bailable warrant for not paying Bank loan emis

[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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