419 and 420 ipc comlaint case
laxmanram
(Querist) 13 November 2011
This query is : Resolved
A loan was taken from a bank in which an original sale deed which was in Urdu in favor of borrower's father was placed as equitable mortgage.
Default occurred and bank moved to DRT.
In course of realization proceeding a third party objection came before tribunal that equitable mortgage is bad in law as house given in security of sale deed was sold by borrower's father to the wife of the objector.
After filing the objection before DRT the OBJECTOR also filed an application u/s 156(3)Cr.P.C but police did not act hence the same was treated as complaint.
In the complaint the CJM summoned the borrower as accused and the borrower
sought bail which was granted.
Thereafter the bank entered into compromise
with borrower and borrower has deposited the dues of the bank and liability is discharged.
CAN COMPLAINT STILL PROCEED ?
IF YES,WHAT COULD BE POSSIBLE DEFENCE??
WHAT FATE THE Complaint HAS ON MERIT as now THERE IS NO PROPERTY OF COMPLAINANT AT ANY KIND OF RISK???
ajay sethi
(Expert) 13 November 2011
inorder to dupe the bank third party rights were created to avodi property being sold by bank . hence intervenor application was made wherein it was shown that property was sold by father to borrower wife .
now your objective is achieved and bank has entered into compromise .
in such the complianant ie boroower wife can place on record the compromise arrived at between the bank and the accused . the accusedc can move high court for quashing complaint
laxmanram
(Querist) 13 November 2011
SETHI SIR!
OBJECTOR IS NOT WIFE OF BORROWER.
OBJECTOR CLAIM THAT PROPERTY MORTGAGED WITH BANK WAS WRONG DONE BY BORROWER BECAUSE BORROWER'S FATHER SOLD AFTER BUYING IT FROM THIRD PERSON SOLD IT TO OBJECTOR WIFE BY REGISTERED SALE DEED HENCE HIS SON WHO HAD THE ORIGINAL DEED OF ACQUISITION OF HIS FATHER HAD NOT RIGHT TO PLACE THE DEED IN EQUITABLE MORTGAGE HENCE BORROWER COMMITTED FRAUD AGAINST PROPERTY OF THE OBJECTOR.
Shonee Kapoor
(Expert) 13 November 2011
The case would proceed in such scenerio and would be fought on merits.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
dev kapoor
(Expert) 14 November 2011
In the complaint the CJM summoned the borrower as accused and the borrower
sought bail which was granted.
YOUR CASE-
"Thereafter the bank entered into compromise with borrower and borrower has deposited the dues of the bank and liability is discharged.
CAN COMPLAINT STILL PROCEED ?
IF YES,WHAT COULD BE POSSIBLE DEFENCE??"
The ARGUMENT/ANSWER:
The OBJECTOR has not been cheated in any manner as defined u/s.419 IPC.His complaint is not maintainable.
The best way is to move H/C u/s 482 Cr.P.C.
Sri Vijayan.A
(Expert) 14 November 2011
Though there is a compromise between the bank and borrower, the complaint shall have life.
The accused/ borrower has to face the trial. Otherwise the complainant has to give up the complaint.
If you are the borrower, meet the complaint and try to convince him.
