hi,
one of my friend give me this "judgment of the Madras High Court"
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The judgment of the Madras High Court quoted in the news report below could help you in criminal cases.
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Keep off civil disputes, HC tells police
It Will Only Result In Huge Pendency Of Cases: Judge
A Subramani | TNN / TIMES OF INDIA, CHENNAI 13 July 2008
Chennai: Can criminal proceedings be initiated for issues concerning credit cards, personal loans, housing loans, hire-purchase schemes, default in payment of instalments and cheque-bounce cases?
No, is the Madras High Court's emphatic answer.
Neither the judicial/metropolitan magistrates shall entertain any private complaints from corporate firms in this connection, nor shall the police register criminal cases against persons concerned to please their corporate complainants, said Justice R Regupathi.
Not stopping with that, the judge directed the high court's registrar (vigilance) to compile state-wide statistics on the number of private complaints lodged for these civil disputes, and the orders passed by the magistrates concerned.
Narrating the novel system adopted by private financial institutions/banks, the judge said they file private complaints before magistrates and secure an order directing the jurisdictional police to register a criminal case and carry out investigations under Section 156(3) of the CrPc. Despite the fact that the dispute is civil in nature and the police are under no obligation to register any case, police personnel contact the persons and intimidate them to repay the credit card payment or personal loan or hire-purchase amount due to the bank.
Citing two specific cases that came up before him, Justice Regupathi said in both cases though there was nothing to investigate, the magistrate concerned, "with oblique motive to convert a civil case into a criminal case," directed police to register a case and probe.
CURBING ABUSE
Magistrates asked not to entertain private complaints
Police not to register criminal cases in such complaints
Erring magistrates warned of stringent action
HC registrar asked to compile statistics on number of private complaints
Also asked to report on the orders passed by the magistrates concerned
Banks using police to harass defaulters: HC
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also in "judgement of the Supreme Court" wherein it has been decided that the NBW could not be issued at the first instance. It had to be preceede by summons and a bailable warrant.
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Kindly advice if this Judgment is there then how could the Banks had issues Warrants and filed cases on me under Criminal Law from the lower court,can I get those cases and warrants cancelled on basis of this judgment as well case dismiss and can we take action against banks and sue them for mental harassment.can i file PIL for this.