deformation suit
lawyers friend
(Querist) 07 August 2008
This query is : Resolved
sir, as you know banks file case against me u/s 37 c.p.c. and u/s 420,406 cr.p.c for non payment of credit card and personal loan.
if i able to Seattle with the bank for my card dues and bank withdrawn case then can i file this "deformation suit" against bank for criminal case.
Manish Singh
(Expert) 08 August 2008
you are a defaulter then you can not blame that Bank has in any way tried to defame by any unlawful means.
also there will be seetlement deed between as an evidence.
But yeah, cases under 420/406 are not maintenable in this case even as has been interpreted by the Kar HC. So, you can sue them for malicious prosecution under IPC.
aLSO LOOK INTO guidelines issued by the RBI regarding credit cards default.you may strenghthen your case against them using those guidelines.
lawyers friend
(Querist) 08 August 2008
sir can u tell me more about that kar. high court thing u talking about.
lawyers friend
(Querist) 08 August 2008
sir can u tell me more about that kar. high court thing u talking about.
Manish Singh
(Expert) 08 August 2008
That judgment is on this site in files shares section.
You can have a look on that.
lawyers friend
(Querist) 08 August 2008
thanks for reply sir
sir not able to find that file.can u provide me link for that sir.
sir which kind of cases i can file against bank as if they try to hare's me and not going to sattel...can i file any case before stale my dues.
Manish Singh
(Expert) 08 August 2008
firstly go for quashinf the FIR asgainst you.
lawyers friend
(Querist) 08 August 2008
sir they not file fir against me this is private case logged in to court of mm.in chennai.
Manish Singh
(Expert) 08 August 2008
so produce the judgment in the said court. it would be benefecial.
lawyers friend
(Querist) 08 August 2008
SIR I STILL NOT ABLE TO FIND THIS KAR.HC JUDGMENT SIR PLEASE TELL ME FILE NAME ....OR CASE NAME SO I CAN FINED IT OVER GOOGLE.
Manish Singh
(Expert) 09 August 2008
Sorry Mr. Bansal.
Actually it wasnt o final order so you will not be able to find it anywhere except the CONCERENED HC and it wsa a case under consideration of Chennai HC not the Banagalore hc.
u can get the said order of the concerened HC by aplying for that.
lawyers friend
(Querist) 14 August 2008
can i file quash petition and deformation suit together.
lawyers friend
(Querist) 14 August 2008
can i file quash petition and deformation suit together
Srinivas.B.S.S.T
(Expert) 15 August 2008
NO you cannot file a defamation suit as you are a defaulter. If you have not committed any default and the bank mischviously filed the complaint suprressing or altering the facts then there a chance for you that too after you acquitted from that case.
lawyers friend
(Querist) 15 August 2008
sir as recovery of money is a civil matter BUT BANK file case u/s 420,406 against me....in that case IF i can't file "defamation suit" .THEN how can i fight with bank...please advice me bank file case against me civil u/s 37 c.p.c. and 420,406 cr.p.c.what action i need to apply.some one say u need to file case against banks then they become defensive.
Srinivas.B.S.S.T
(Expert) 15 August 2008
You can file defamation suit only after you have been accquitted/ exonerated from the case filed against you by the bank. For starters issue a legal notice to the bank that you are going to file a civil/criminal defamation suit against it.
lawyers friend
(Querist) 15 August 2008
sir, my motive only is bank come down for settlement on emi basis if any amount due on me...sir can i send this legal notice to bank in adv....for after case has been dismissed by court.and if i send this legal notice today....can it may use by bank against me?
Srinivas.B.S.S.T
(Expert) 23 August 2008
Sir what is the present status of the case.
