False signature
Querist :
Anonymous
(Querist) 19 August 2011
This query is : Resolved
Dear Sir, When we ever taking this loan from a bank the guaranty was given by one of our friend's mother, so my friend made the signature of her mother on the loan paper. We ever friend so there was no objection made by us. Some who the loan was nt paid on time because of which the guarantor also got a notice. The guarantor file a FIR against us. However the actual situation is tht the loan has been paid, we have got the NOC from the bank. Now there is a case against me n my husband in the court. We have gt the signature verified by the hand writing expert and the report says they are our our friend. Now what step should be taken please advice
malipeddi jaggarao
(Expert) 20 August 2011
Only option is - since the purported guarantor is mother of your friend, and since the loan amount is fully repaid and NOC obtained from the Bank, better pursuade the mother to withdraw the case as it may affect her son also. Alternatively, you will have to fight back bringing the fact that you were not aware that it was not signed by the real person. But this is difficult to prove as being the principal borrower, you can not plead innocence about the signature of your own guarantor (proposed by yourself).
Advocate. Arunagiri
(Expert) 20 August 2011
As the the accused is the son, the mother may not initiate prosecution. Go for a out of court compromise.
girish shringi
(Expert) 23 August 2011
Usually once if you have settled the a/c with the Bank,No bank take any initiative to criminal cases because Bank itself may be involved in the fraud.
So,pl.follow Mr. Arunagiri's advice.
