Arrest stay against fir
sanjay Dixit
(Querist) 16 September 2011
This query is : Resolved
Sir,
We had 5 accounts in Bank.All the 5 accounts were in the name of different members of family. We entered into One time Compromise with the bank in all the 5 acounts. 3 Accounts were liquidated and 2 accounts could not be liquidated in full and we have given the letter to the bank asking for extension.
Bank in order to presurrise us has lodged FIR based on wrong facts under section 420,467,468,471,406,120B, . The FIR was lodged by the bank after 5 months when the account was liquidated.Inspite of the fact that 3 accounts were liquidated before lodging FIR.
Please advise how do we come out of this .Which court should we approch.
Can we lodge the FIR against the Bank ?
Will it be of any help?
Sanjay Dixit
adv. rajeev ( rajoo )
(Expert) 16 September 2011
How come the criminal case lies. If the bank wants to recover the debt it could have filed a civil case but not a criminal case. Challenge it in the High court.
Guest
(Expert) 16 September 2011
Your query is not clear. What was the problem in operation of accounts in individual names, unless there was any unlawful activity through those accounts?
prabhakar singh
(Expert) 16 September 2011
FOLLOW ADVISE GIVEN BY Expert : adv. rajeev ( rajoo )
SAANJAAY GUPTAA
(Expert) 16 September 2011
Yes your query is not specific as why bank attached all a/cs and why liquidate three of them and on what condition. B,k has no power to attached a/c of family members without order of court.
Advocate M.Bhadra
(Expert) 16 September 2011
your query is not clear,on what basis bank lodge an FIR,try to get the copy of FIR and file a petition for anticipatory bail to avoid arrest by the police or file a quash petition in high Court against the said FIR.
Advocate. Arunagiri
(Expert) 16 September 2011
What is the allegation of the Bank? Based on this we can give a suitable solution.
