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about 406 cr.p.c

(Querist) 14 August 2008 This query is : Resolved 
sir i think 406 cr.p.c is "criminal trust of breach" if bank file case against me u/s 406 cr.p.c. can i also file case against bank u/s 406 cr.p.c. because bank told me charge rate of interest @ 0.99% but they charge @ 2.95%.can i file any criminal case against bank so they come on back foot and agree to clear my dues for reasonable amount.
Srinivas.B.S.S.T (Expert) 14 August 2008
The interest rates of the bank are governed by the RBI, and also if you fail to repay the loan amount in stipulated period the bank is entitled to charge penal interest. Please go thorugh the agreement between you and the bank.
lawyers friend (Querist) 14 August 2008
sir if bank charge this kind of intrest ...when i make all payment on time payment then.
Srinivas.B.S.S.T (Expert) 14 August 2008
If the change of interest rate is due to the changes in policy of RBI then you cannot contest.
K.C.Suresh (Expert) 14 August 2008
Dear Vikas,
How can you select Criminal Procedure Code to fix the criminal liability for penal action. It is Section 406 IPC i.e., Indian Penal Code baba. S. 406 IPC alone is dealing with criminal breach of trust. There is no breach of trust in your dealings. You can go for cheating U/s 420 IPC that too after going through the entire records which you have signed and submitted for the loan. There are grounds and options to bank to float the interest rate. How ever be careful, read the records and study it carefully and make up the mind. But never ever say Cr.P.C in the place of IPC. With love
K.C.Suresh (Expert) 14 August 2008
Dear Vikas,
How can you select Criminal Procedure Code to fix the criminal liability for penal action. It is Section 406 IPC i.e., Indian Penal Code baba. S. 406 IPC alone is dealing with criminal breach of trust. There is no breach of trust in your dealings. You can go for cheating U/s 420 IPC that too after going through the entire records which you have signed and submitted for the loan. There are grounds and options to bank to float the interest rate. How ever be careful, read the records and study it carefully and make up the mind. But never ever say Cr.P.C in the place of IPC. With love


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