SIR I NEED ALL OF YOUR'S HELP AND VIEW IN THIS MATTER.
lawyers friend
(Querist) 04 September 2008
This query is : Resolved
SIR I NEED ALL OF YOUR'S HELP AND VIEW IN THIS MATTER.
AS BANKS FILE CASE AGAINST ME U/S 420,406 CR.P.C(PERSONAL COMPLIANT NOT THROUGH POLICE i.e.FIR) IN CHENNAI AND COURT ISSUE NBW AGAINST ME IN FIRST INSTANCE .
AND
CIVIL SUIT FOR RECOVERY OF MONEY IN SECTION 37 C.P.C IN DELHI.FOR SAME CREDIT CARD ACCOUNTS IN THEY FILE CRIMINAL CASE ALSO.
AS PER BANK OFFICIAL THEY FILE CASE FOR FALSE DOCS. GIVE FOR CREDIT CARD APPLICATION. AFTER USING CARD FOR 4-5 YEARS AND MAKING PAYMENTS ON TIME.
NOW TALK SOME LAWYERS IN DELHI.
THEY SAYS:
1.BANK CAN'T FILE CASE U/S 420,406 AGAINST ME BECAUSE I USE CARD FOR LONG TIME ANY PAID REGULARLY.SO CHEATING AND CRIMINAL TRUST OF BREACH.
2.BANK CAN'T FILE CASE IN CHENNAI AS I TAKE AND USE CARD IN DELHI IT SELF.EVEN IF BANK HEAD OFFICE IN CHENNAI THEY CAN'T DO THAT.
3.BANK CAN'T FILE 420,406 TOGETHER AS BOTH ARE SOME.ALMOST SAME.
4.I SHOW SOME NEWS ARTICLES AND NEWS REPORTS OF HC OF CHENNAI THEY SAID THIS NOT MUCH HELP ME.
NOW I NEED YOUR ADVICE WHAT IS MY COURSE OF ACTION AND ADVICE FOR MY CASE.
WHAT STEP I NEED TO TAKE?
QUASH ON JUDERICATION BASIS.
QUASH ON HC RECENT ORDER BASIS.
ANY OTHER STEP I NEED TO TAKE,
NEWS ARTICLE:
1.
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.
2.
latest judgment of chennai high court on criminal cases file by banks:
Friday, August 22, 2008
HC: Don't refer civil nature for police investigation
“Transfer cases of civil disputes to Hi
ESTHERPRIYA
(Expert) 04 September 2008
Dear Sir,
You have contacted enough number of advocates i hope so. My suggestion pure civil dispute cannot be converted in to a criminal dispute whereas in your case the bank officials have filed a case for giving false documents while you have to declare that documents given are true to your knowledge at the time of applying for a credit card. You can very well face the case as it is made in counterblast for the ealier case in madras court. As rendering false documents in case of contracts governed by fiduciary relationship contracts is forgery and liable for prosecution for cheating the bank authorities.
lawyers friend
(Querist) 04 September 2008
AS PER MY UNDERSTANDING I AM NOT GIVEN ANY FALSE DOCS.THEN....
Rajesh Kumar
(Expert) 06 September 2008
This case is shocking. Application for credit card and its acceptance is a contract. Even if some person misrepresent, or give false information- the contract can become void or voidable, it cannot result in a criminal case.
But getting the case quashed is impossible, as indian justice system does not believe in quashing a case on the saying of accused- they torture the accused for a decade or so and acquit him honourably.
Rajesh Kumar
(Expert) 06 September 2008
Some data-
-more than 3 crores of indian citizens are facing prosecution.
-94% of the accused are acquitted. It shows that people are innocent persons are prosecuted on insufficient evidence.
-90% of the people suffering incarceration are undertrials, innicent persons in the eyes of law.
-Even when a person is prosecuted for 20 or 30 years, and after that acquitted there is no provision to compensate innocent accused.
-There is not even a single circumstance where any person has been punished for falsely accusing somebody or false prosecuting somebody.
Sad, but that is the way our criminal justice system works.
lawyers friend
(Querist) 06 September 2008
SIR WHAT REMEDIES AVAILABLE FOR ME.HOW CAN I CAN PROTECT MY SELF.PLEASE GIVE ME STEP BY STEP DIRECTION I AM REALLY CONFUSED AND WORRIED.
REALLY NEED YOUR HELP SIR.
Rajesh Kumar
(Expert) 06 September 2008
-read the complain carefully and try to understand the allegations.
-examine the truthfullness of the allegations.
-if the allegations are false, arrange documents, evidence etc. which can disprove the allegation.
-if any blatantly false allegation has been made, bring that allegation to the notice of the court under an application under Section 340 of the Cr.P.C. and request the court to prosecute the false accuser.
-if the allegations are frivolous, file a criminal defamation case against the bank, and make the Chief Executive Officer a party in person, as he is responsible for all the acts done by the company.
lawyers friend
(Querist) 06 September 2008
Sir as you said that even if the details in the Contract are not true at the time of making the contract ,the cotract stands null and void hence bank cannot sue us under Criminal Law,but as it has did the same and the bank had put Criminal Cases (u/s 420 and 406) and Civil Case (u/s 37 C.P.C) ,how can we get rid of these cases on basis of the Contract as the contract was done 4-5 years back and at the time of contract as per bank everything was verified hence I had been issued with different financial products by them ,then now how can they put these cases against me if the papers were not frivilious at the time of making the contract ,how can they become frivilious now after 5 years.
Kindly assist me sir ,I am very hopeful as your advice is giving me moral support.
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sir can i file case against bank:
1. in year of DEC,2005.bank collection officer came at my place and stole my brothers debit card and withdrawn 15,000.00 rs.that moment i not file compliant with police and after saying sorry by senior official of bank i just let him go....in god faith.
2.i deposited one d.d. of rs 50,000.00 with bank for my credit card payment in 2005. (and i have bank collection receipt with me)after several latter's to bank bank still not reflect that amount in my credit card account.
i not take ant step against bank and his official in good-faith now this bank files case against me(u/s 420,406 cr.p.c and civil 37 c.p.c).now can i sue bank.
Abhishek
(Expert) 17 February 2009
i will go wid Mr. Rajesh's sayings..
