Mani (Proprietor) 02 December 2011

91 crpc (as applicable for banks)

Brief : Mr A took a Loan of Rs 100 Crs using forged signatures of Mr B (owners of a 99 yrs leased property). Bank sent notice under 13(2)of SARFAESI Act.

Mr A lodges complaint and police registers case u/s 406,420,467,468,471 along with 120B.

Documents bearing Mr A's signature are referred to Police Handwriting Experts who gives their opinion that signatures are not of the complainant ( i.e. they are forged)

Bank is not cooperating with IO and are resisting to give documents relating to sanction of loan etc. using Sec 124 of Evidence Act. as many of their Officers will also be in trouble due to FIR.

Police as usual not contesting this resistance and is dormant.

My question is

Can the Bank use section 124 of evidence act and avoid giving documents to I.O. ( Police)?

How Police can get the related documents?

Can Police prosecute the Bank officers who sanctioned the loan under Prevention of Corruption Act ?

Reply Follow

9 Replies

Mani (Proprietor) 02 December 2011

Pl Read 'Mr B" instead of 'Mr A" in all palces except in line 1st

vasant kulkarni (DEPUTY CHIEF EXECUTIVE OFFICER) 02 December 2011

PL.ASK THE ORIGINAL OWNER OF THE PROPERTY (WHICH IS MORTGAGED TO THE BANK) TO SEEK THE COPIES OF LOAN DOCUMENTS FROM THE CONCERNED BANK .UNDER BANKING CODE IT IS BINDING ON THE BANK TO SUPPLY SUCH COPIES FREE OF CHARGE.

FILE COMPLAINT WITH THE BANK AND ALSO WITH THE BANKING OMBUDSMAN OFR REDRESSAL.

GO TO PRESS AND/OR MEDIA TO SEEK JUSTICE.

FILE PRIVATE COMPLAINT BEFORE JMFC.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 02 December 2011

Go to banking ombudsman for it.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

DR.SANAT KUMAR DASH (Eye Specialist) 03 December 2011

If the Magistrate reject the petition for production of documents u/s 91 of Cr.P.C.., then what will be the next procedure under the Criminal Law for the Complainant in the Complaint case??

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 05 December 2011

You can challange this very rejection in Higher Court.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Mani (Proprietor) 06 December 2011

Thanks a lot.

The Original Owner has approached DRT soBANKING OMBUDSMAN OFR REDRESSAL is out . Bank is dragging on the case and getting adjournment on last 4 hearings on one/other application.

Is there a recent Mumbai High Court Judgment that DRT should complete hearing within SIX month of filing SA !

Two Bank Officers were arrested in the case but released on bail on technical grounds ( u know how Police works).

Bank have given sanction advice but are resisting giving documents (Sanction notes of Law Officer, Reg Mgr, Zonal Mgr.) under RTI on the grounds that

a) Matter is under investigation

b) The Account holders are not permitting ( we did not ask for a/c ledger)

c) There is no Public Interest Involved.

Since the case will be on Documentary Evidence, collection of documents is very important.

Pl guide how to get the documents.

Thanks once again.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 06 December 2011

Go to HC for speedy trial.

Otherwise procedural delays are like that only. TAREEKH PE TAREEKH

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

B.N.Rajamohamed (advocate / commissioner of oaths) 07 December 2011

Sir,

Every citizen of india is duty bound to co-operate with the police in course of investigation as per the Criminal procedure code,1973. If the bank is not co-operative the police can lodge a case against the officials of the bank.