Priyaprasad D 30 November 2021
G.L.N. Prasad (Retired employee.) 30 November 2021
This is not easy as coercion, involuntary handwritten letters and circumstantial evidence is essential to establish fraud, High court may not interfere in such cases where detailed facts and versions are decided in Trial court. The thumb rule is that Neither Bank officials nor their team of advocates, can file a case without a piece of strong evidence, and there can not be personal motives when the public funds/issues are involved. Your advocate is the best for guiding on further defense, as certain assumptions and surmises of the accused are not sufficient ground.
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 30 November 2021
If you have taken loan from a bank and defaulted, bank files case for recovery it's loan from the borrower based on various loan papers signed by you at the time of availing the loan.
You did not mention the nature of papers signed by you which were claimed to be signed under coercion.
Any attendant letters etc signed by you may be filed as only supplementary papers, which if you claim to be coerced etc., the same should have been contested in the Trial Court only, where the case, as informed by you, is still going on. In the absence of nature of such supplementary papers, its difficult to say whether the same impact the outcome of the case.
High Court is not likely to interfere in such a case.
Anaita Vas 22 January 2022
In The State Of Bombay vs Kathi Kalu Oghad And Others on 4 August 1961, it was contended that documents obtained through coercion are inadmissible in court.
There is a high probability of the High Court not interfering in a case like this because the case is being tried in a trial court.
Regards,
Anaita Vas