Complainant: Mr Arora from New Delhi

I received a notice under section 138 of Negotiable Instrument Act for bouncing of loan repayment cheque from CitiBank, though Loan account was already settled. The facts are as follows:

1.That I took a loan from CitiBank vide loan account number LCBCTP4083292 for which I paid 8 PDCs of Rs 21,975 as a security that were required to be returned on either completion of loan period or on settlement, whichever earlier.

2.That in mid 2009, Citi Bank charged me twice both in the form of ECS and also through cheque, therefore I did not allow further payment through ECS, unless the previous EMI was returned, which finally led to offer for settlement of the said loan from the Bank side in the month of November 2009 and start of a separate loan agreement but this loan account was fully settled as follows.

3.That I communicated to your agent as to his acceptance of settlement offer and the settlement process began as early as first week of December 2009, when your agent visited my residence.

4.That the said loan account was fully settled and all the PDCs were returned except one dated 1-08-09, which was reported as missing by Bank’s agent and hence said loan account was duly closed in early December 2009 only but acknowledged later by the Bank vide settlement letter no 3112090315 at the end of December 2009.

5.That later in March 2010, to my utter shock, I was served with a court summon asking for my appearance in a matter under Section 138 of Negotiable Instrument Act on 26 May 2010 in Dwarka criminal court, as one of the Post Dated Cheque provided in respect of the above Loan account had bounced in the past.

6.That it is pertinent to mention that the loan account closing was in process, while this cheque dated 1 August 2009 was reported as missing by bank’s agent but shockingly later deposited by the Bank official, i.e. in the later half of December 2009, which shows malafide intention of your bank to harass me.

7.That for your kind information, all payments were cleared by me and that is the only reason, said loan account was duly closed by your bank vide letter no 3112090315, i.e. only after being completely satisfied that all the dues have been cleared by me. Therefore, the question of any further legal proceedings does not arise in any case !

Therefore due to the resulting harassment and mental agony, legal notice was served upon CitiBank though LegalSolutions.in, which led to withdrawal of case by the CitiBank, without my appearting in the matter. Thanks to www.ConsumerLaw.in !!!

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