No one can be offender unless court declares so
Querist :
Anonymous
(Querist) 16 September 2011
This query is : Resolved
pl advise.my family member had applied for loan assistance in bank.she proposed husband prop for security.the bank lawyer rather to submit ,he submitted character certificate--as per that husband is facing a criminal trial,so the family has loose character.
it is wonder that mere imposing case file under various ipc acts,one is treatd --criminal,offender.if so what is the use of trial under court.
people imposes charges application than forces to compromise or see the xpensive trial
adv. rajeev ( rajoo )
(Expert) 16 September 2011
Bankers duty is not see the character certificate. His duty is to see whether the business will be fesable or not. Banker has to think about the returns not with the character certificate.
Bank legal advisor's duty is to see whether the security is given to the loan is correct or not, apart from that he cannot do anything.
prabhakar singh
(Expert) 16 September 2011
Try to take the copy of report then post here ,i shall deal the lawyer if you provide his name and address so that i can let him learn to live in limits.
Devajyoti Barman
(Expert) 17 September 2011
The pendency of the criminal cases is no bar in applying for loan.
However every Bank has its own policy in determine the criteria for granting the loan.
The borrower has no say in it.
So if the Bank refuses to grant the loan on the face of pendency of the such cases you could do nothing.
After all granting or not granting the loan is the absolute discretion of the bank and the court can not interfere in it.
malipeddi jaggarao
(Expert) 19 September 2011
I fully agree with the expert MR.Barman. Banks do look into the family history. Though it is a fact that one can not be treated as offender until the case is decided though he is facing trial, banks may not give that reason in writing, but they can exercise their discretion and nobody can force the bank. As far as the second aspect that the Bank's lawyer gave a character certificate etc., is not believable. Banks do not refer cases to their panel advocates for character certifications. They will refer toe documents of immovable property that is being as security which belongs to either borrower/one of borrowers or the guarantor/one of the guarantors. In this case what would have happened is - Bank might have referred the title deeds of the proposed borrower's husband and the advocate while giving his title report, incidentally might have referred the fact that the property owner is facing criminal trial as an abundant caution. According to me you do not have any recourse either against the Bank or its advocate.
girish shringi
(Expert) 21 September 2011
I do agree with the experts.
pritamsaini
(Expert) 22 September 2011
penal advocate exceed his duty due to overcautious.most of the private banks orally denies to give the loan to advocate, police person.
