08 May 2012
Dear criminal law experts ,I have a query regarding one of my credit card for which I failed to make payment after some time . Inspite of judgement from honourable chennai high court & supreme court that no criminal case can be registered in the matter of credit card .Various lower courts are registering complaints and forwarding it for investigation to concerned police station .All these things are happening to safeguard the interest of the bank and even police is acting as a recovery agent for the bank and harassing the accused .
Please suggest what remedy can be taken in such cases as they are putting non bailable charges to harass the accused .
I already have one civil suit regarding this matter for which proceedings are going on and in the mean time bank has registered one criminal case against me .
Merely because a man fauils to pay up his debts that is not a criminal offence. He is liable in civil proceedings.
If the bank people have deliberately tried to give it a criminal hue in order to arm-twist you into paying. This is seriously deprecated by the SC - place reliance on this judgment - I am pasting the relevant extract "In a majority of civil disputes involving a high stake - be it family divisions, inheritance, will, property or fight between two companies - the tendency is to lodge criminal complaints against rivals in addition to filing of suits or initiation of arbitration proceedings and other civil remedies.
This growing tendency to convert purely civil disputes into criminal cases has drawn flak from the Supreme Court. And the reason for this is not far to seek - the long queue of litigants in civil courts which take years to decide a dispute. A Bench comprising Justices H K Sema and R V Raveendran conceded that the delay in adjudication of civil disputes is a major reason for people converting civil cases into criminal cases"
Apart from this you have the MarutiCitiBank corp judgment which seniors may refer.
If the prosecution has been baseless - approach HC for quashing.
Rest nothing conclusive can be said unless facts are read in extenso.
Banks cannot file criminal cases for credit card default.They can do so for personal loans,because post dated cheques or colletaral security are involved.I feel you are being taken for a ride due to ignorance of the legalities.The police act on behalf of the recovery agencies as they are benefited regularly.Hence appeal at the banking ambudsman in your city or file a quash as suggested by Mr.Chugh.Have you received any communication regarding the criminal case directly from the bank or from the legal advisor of the bank.Please put in the correct facts to come to a proper conclusion.
10 May 2012
Basically you want to save yourself from the police harrasment for which you can take the legal measurement from court only. As suggested earlier you may approach the High court or be care all things to the police so that police may prepare their report, further for the report u/s 202 CrPC the police cannot call you continuously in the police station even if police continue harras you than approach the court for justice