Legal Question in Banking Law in India
Negotible instrument Act 138
My husband issued 18 PDC's to the ICFAI University as an advance payment of the distance MBA learning program.4 PDC's honoured in due time. 2 PDC's dishonoured for insuficient balances.He dropped the course for financial problem & do not want to persue the course any more.Now the ICFAI university claiming the rest of the amount and has filed a case under NI Act 138 under the metropoliton magistrate Hyderabad.Is It Possible? As he not purchased a consumable goods and paid the PDC's. It is obvious a student may not continue his studies due to financial problem or any other reason. How can an university filed a criminal offence case on the student & forcefully asking the amount who is not availing any facilities from the university.We talked to the collection agents of the university as there is no relevent authority to talk, even mailed to the Student Service Dept but In vain. They also claiming the amount.
Please suggest me how can i protect my husband from this type of injustice.
4 Answers from Attorneys
Re: Negotible instrument Act 138
If the rules and regulations of the ICFAI are like if the student joined a course and discontnued due to any reason,still the student has to pay the entire fees,then you are bound to pay as your husband must have signed in the application accepting the rules.
Re: Negotible instrument Act 138
There is no injustice involved. You should better try to settle the dispute amicably to avoid unpleasant results of litigation.
Re: Negotible instrument Act 138
Better engage a lawyer and plead that the cheques are not in discharge of any liability as your husband has not continued the course.
Re: Negotible instrument Act 138
Please go through the rules and regulation of ICFAI which discusses the issues relating to fee payment and cancellation of admission. If the rules specify that you have to pay the entire fees. Then you would have to pay. Hence, consult a local lawyer.
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