Icici loan
Rajib Chakraborty
(Querist) 30 August 2012
This query is : Resolved
My self Rajib & Staying in Guwahati, Assam.
I availed a personal loan from ICICI Bank in the year of 2004 or 2005. there was some EMI(ecs) bouncing at the last stage of the loan, which was given to bank by cash alongwith fines etc. after that the chapter was over before 2006 0r 2007.
To day I got a phone call from a mobile and a leady informed me that she is from Delhi police and told me that there is a case against me non bailable warrant will be issud aganst me. She also given me a number of a lawyear who is handling the case on behalf of ICICI Bank and advised me that IF I do not sattle the matter within 15 mins she will send the casefile to Assam Police. I talked with him and the person told me that If I pay 2 day Rs. 40,000 then the matter will be sorted out of court but If I do not pay 2 day i have to pay Rs. 65,000 in the court.
During last 5 to six years they did not informed me that there is anything pending to bank and I also can't remember that if really there was any dues.
Kindly told me what worst can happen in that case. and what, If I can't provide all the money receipt. The bank account I was using for this purpose is also inactive during last 4 years. I did a very wrong thing that I did not take clearance from them. Kindly give me some helpful tips.
Sudhir Kumar, Advocate
(Expert) 30 August 2012
This is an apparent case of inpersonation as a public servant.
In cheque bouncing case police does not handle such cases directly and does so on court directions and for moving to court the complainant must have served a notice to you.
Further if the case has been opened by Delhi Police then they will ahdnle and not refer to police of a far away state.
In case the call is to make you to pay something whihc is not legally due and the caller identified herslef as a policewoman then under stand that even those persons who are posing as public servants and demanding illegal payment are liable for prosecution under Prevention of Corruption Act.
Even if you have not taken clerance yet the deposit may be in their account and they cannot let their touts to go on rampage by hinding their accounts.
At this stage the acton under NI Act appears to be time barred. The civil suit against may also be time barred. You may better contact the nearest lawyer.
I hope the loan is no more subsisting.