Summons under crpc160
NAYAK MAFATLAL GORDHANDAS
(Querist) 28 October 2013
This query is : Resolved
I am in receipt of summons under crpc160 from PSI, Police station in which I am instructed to remain present to file statement.
Please guide me.
Devajyoti Barman
(Expert) 28 October 2013
Nothing to worry, just be there and cooperate the investigation.
Rajendra K Goyal
(Expert) 28 October 2013
Attend the investigation and cooperate.
NAYAK MAFATLAL GORDHANDAS
(Querist) 29 October 2013
Sir, I have attended investigation yesterday.For your information, I was Branch Manager in Dena Bank. Bank Management has filed FIR in May 2013 against eight borrowers who got anticipatory bail from session court.For your information, out of eight borrower's account, five a/cs are already been fully paid & closed. PSI says that while disbursing loan sponsored by DIC(Jilla Udyog Kendra), I have not verified and visited the location of the dealer of the quotations so I am under fault. He also told that I can arrest you. I appeal and urge him that please do not arrest me, I am giving you cooperation in investigation and remained present as per your call. Investigation was half done and he has call me on 01/11/2013 and also inform me that he will arrest me after investigation is over on 01/11/2013. Sir, now what to do? Please guide me.
Devajyoti Barman
(Expert) 29 October 2013
Without seeing FIR it is not easy to say.
You did not disclose either who is the complainant?
If you are the complainant, you are not likely to be arrested.
For your arrest someone from your Bank with prima facie lodge complaint against you showing your complicity to disburse loan unlawfully.
ajay sethi
(Expert) 29 October 2013
if you apprehend arrest obtain AB from sessions court .
Nadeem Qureshi
(Expert) 29 October 2013
Dear Querist
if there is some fault or negligence on your part of commit any offence by you then the police have power to arrest you and file charge sheet against you before court.
you are in the position to bear consultation fee of a lawyer so it will be better to contact a lawyer with all documents.
Rajendra K Goyal
(Expert) 29 October 2013
Take copy of the FIR and apply for Anticipatory bail.
Dr J C Vashista
(Expert) 31 October 2013
Get anticipatary bail and cooperate investigation
NAYAK MAFATLAL GORDHANDAS
(Querist) 02 November 2013
Sir, I have applied for anticipatory bail in session court on 30-10-2013, but it is fix for hearing on 13-11-2013.
I have not present myself before PSI on 01-11-2013 and telephone him on 31-10-2013 that please extend the time limit i.e. after dipavli vacation and he said OK.
In fact, Bank Management has filed FIR against 9 borrowers and alleged therein that:
(1) Misuse of Govt. subsidy
(2) fake sales tax/tin numbers shown by the dealers who issued quotation to the applicant for loan
PSI is asking me whether I have visited the location of the dealer of the quotation before sanction of loan?
I replied: "not", further I told him that loan case already recommended after scrutiny by Jilla Udhyog Kendra. As a branch manager, I have to visit the applicant and do the inquiry about his proposal for the loan during pre sanction visit and after that if I satisfied, I call the applicant in bank branch, completing the formalities of opening his sb account by fulfilling KYC norms, after that applicant signs our loan documents and then we issued DD/Pay Slip in the name of the dealer who issued quotation, after that borrowers goes to dealer, get the goods as indicated in quotation, after that borrower give us bill and receipt issued by the dealer of the quotation and after that we goes for post sanction visit of the borrower, weather he has started his business or not.
- PSI asked that "you have got documents signed by the borrower "BLANK".
I replied that it is practice in Bank that we use to take sign on blank documents and when we got time, we use to fill the documents.
-PSI asked that without observing/taking KYC norms, you have opened the sb account of the borrower.
I replied that when I open the account, I have taken all the necessary documents and observed KYC norms. I was in that branch from 23/06/2009 to 25/11/2009. after four years passed I have come to you as per your summons.
Now, what will be position? Please guide me.
Rajendra K Goyal
(Expert) 04 November 2013
So far as KYC is concerned such loan applications are processed,identified and forwarded by the District Ind. Center. The borrower was visited by you. KYC papers should have been part of application received. Generally the purchase is made from the authorised dealers from the Distt. Rural Dev. Agency or DIC. If the supplier (dealer) of the loan asset was authorised, the banker was not responsible for verification of the TIN etc.
Such sponsored loans were disbursed at almost each Branch of nationalised Bank as part of the target fixed by the Distt. Authorities and the Bankers had little say in such cases. A large no. of these loans became NPA and were written off. Strange, your bank preferred FIR in such case and put the employees in trouble knowing all the pressure at branch for meeting target. A large portion of the default was reimbursed by DICGC or other such insurance agency.
When the FIR is lodged, the police may fix all who were part and parcel of this process.
You should try for anticipatory bail.
ajay sethi
(Expert) 04 November 2013
you have failed to exercise due diligence in performance of your duties as branch manager . if you were required to visit the site of delaer before sanctioning loan
you have failed to perform your duty . merely because it is recommended by jillay Udyog KENDRA does not absolve you of your responsibilites .
further all the deatils have to be filled in by dealer in his own handrwriting . you dont just obtain signature on blank documents . you have to take the plea that document was filled in as per dealer instructions and copy forwarded to dealer for his record
NAYAK MAFATLAL GORDHANDAS
(Querist) 04 November 2013
Sir, I am thankful to you all. I wish very very Happy and Prosperous New Year to you all.
Sir, as earlier I informed you that I applied for anticipatory bail in session court, but it is fix for hearing on 13/11/2013.
Sir, I am not keeping well.
Now, I want to know that whether can I send my written statement to PSI by post? Will it valid?
What is the provision in legal eye?
Advocate Rajkumarlaxman
(Expert) 07 November 2013
U can send it through legal practitioner also . See the fir n charges against u then only u hv n apprehension of arrest otherwise ur unnecsssarliy burdening urself
NAYAK MAFATLAL GORDHANDAS
(Querist) 07 November 2013
Sir, thank you for your response.
I may inform you that FIR is lodged against nine borrowers, not against me. There are no charges against me;But the PSI is torturing me that I will arrest you after investigation.
If he arrest me, due to the vacation in courts, I may not be get guarantor and that is why I will be in judicial custody. and it is the rule that beyond 48 hours of custody, employees is suspended.
Sir, please guide me:
Whether should I go underground up to the hearing of Anticipatory Bail i.e. 13/11/2013 or what to do ?
Please guide me, Sir.
ajay sethi
(Expert) 07 November 2013
as on date there is no FIR lodged against you but against 9 borrowers . . it appears that PSi is merely trying to extract money from you .
we cant advise you to go underground .it is advisable to contact a local lawyer
Rajendra K Goyal
(Expert) 07 November 2013
Well advised by the expert ajay sethi ji, nothing more to add.
ajay sethi
(Expert) 07 November 2013
thanks for your appreciation
Dr J C Vashista
(Expert) 09 November 2013
Very well advised by Sh. Ajay Sethi, I agree.
