Abhi 14 December 2018

regarding a judgement

This is an enquiry regarding a case filed upon my mother. She has been accused of being the surety for a person to acquire money from a financial institution. The person produced a salary certificate acknowledging my mother as a Railway employee without her knowledge. In December 2016, she had been kept on remand for 6 days and the court issued bail. After that we didn't receive any intimation regarding the case from the court. Now when we checked the status of the case online, it has been displayed the case has been disposed and nature of disposal is contested - decreed. The decision date is 10 August 2017. We didn't understand the disposal of case matter. Please do explain about it and give details about the proceedings to be done further from our side. Also guide us how to acquire the judgement copy.

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2 Replies

Siddharth Srivastava (Advocate) 14 December 2018

the query please s confusing. if she was arrested and was remanded and then released in n bail then it is as criminal case. the report of site shows that it is a civil case. firstly check which one is correct! in criminal case without accused the trial cannot be conducted not Criminal case can be decreed.

G.L.N. Prasad (Retired employee.) 15 December 2018

You can not get appropriate guidance until the facts and stand taken by your mother etc., are compared with documented facts. Without giving notice, no financial institution ever proceed in such arbitrary manner, and it is not clear as to whether your mother has informed about the fraud/forgery etc in writing as notice to FI and filed complaint against the borrower. Please contact local advocate for getting needful done, as guidance in such issues without studying relevant facts is not proper and the matter is more serious than it apparently appears to be.