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IPC 420,406

(Querist) 07 July 2008 This query is : Resolved 
i need your help in this matter.
i am using some cards of many banks from last 4-5 years, I had made all my payments on time but due to some dispute in some cards and sudden financial crisis i not able to make payment since last 1-2 years against my credit card accounts.....now bank has filed criminal cases u/s 420,406 ipc.

When I spoke to the bank they said that I have given false documents for Credit Card Application......sir let me know that if the documents were forged then how could have bank have issued me the card and why till last year when they were receiving the payments I was not a fraud.

Is the bank doing right ,what remedy do i have please help me out sir
deepak kumar (Expert) 07 July 2008
if the documents that you submitted with your application are forged then the bank has got every right to file a criminal case against you.
they did not verify the genuineness of your document earlier would not be a bar for them to verify the documents and if they are forged then proceed in the matter.
Now the remedy will be to prove that the documents were genuine. You may choose to clear the payment of the bank and come to a settlement but if a police case has been lodged it will go on.
Guest (Expert) 08 July 2008
You will have to prove the genuiness of the documents and court will acquit you under 420. Payment you may have to pay that either in the court or in settlement.

Prove that your documents are genuine.
ajay kumar (Querist) 08 July 2008
sir,if i prove bank done verification before issin me card in that case.....bank can sue me????.

sir limitation act also applicable in criminal case(my 420 case).
deepak kumar (Expert) 09 July 2008
the bank can still sue you, you can not escape the criminal liability.
no limitation will apply as the offence is punishable upto seven years imprisonment

if your documents are genuine then you need not worry.
ajay kumar (Querist) 09 July 2008
sir how much time normally taken by court in matter of criminal cases(my 420,406)and lawyer can take this case as long as how much period.

sir if i go for insolvency can i protect from my 138,420,406 liability and how much time court will take to decide my insolvency application.

thanks
anantha krishna n.v. Advocate (Expert) 11 July 2008
insolvency proceedings may not be of much help to you.
It is better settle the matters with the bank under one time settlement scheme and get out of the issue.

anantha krishna n.v. (Advocate AP High Court, Hyderabad, 9246531895)
ajay kumar (Querist) 12 July 2008
no money to pay sir,even if i go for a lawyer i need to borrow money from my friend /relatives to pay banks.sir already told bank managers to make emi of settle amount for 4-5 years then i try pay that money to bank,but they want all money in one shoot.what i do sir what is best possible solution for me.


thanks
J K Agrawal (Expert) 13 July 2008
Even after payment of money to the Bank you did not get rid of the criminal prosecution. The offense under section 420 is compoundable only with the permission of the Court. I think section 406 is not applicable in your case. the best way to contest a criminal case is to adopt delay tactics as delay defeats the law.
ajay kumar (Querist) 13 July 2008
sir thanks for info about this.....


what is bankruptcy in detail? I want to know about bankruptcy chapters also? Procedure of how to file a bankruptcy in india?
What is notice of appearance?
What is the role of attorney, trustee in bankruptcy procedure?
What is Motion for relief, Consent of order and reaffirmation in bankruptcy?
Kiran Kumar (Expert) 14 July 2008
dear friend pls contact some local lawyer.....i think u ve enough money to deal with all such issues with the help of lawyer.


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