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TD   17 June 2015

Can i be arrested in india for debt in dubai?

Hello,
I have an outstanding debt in Dubai of AED 80,000 againt a credit card. I have been trying to negotiate payment terms with the bank but they have not been helping and instead keep demanding high sums which I cannot pay. This has been going on for 2 years. I have offered to pay them AED 500-AED 1000 every month but they are refusing to accept that. 
Today I received a call from someone saying he was calling from the Mumbai Crime Branch and that a non bailable warrant has been issued against me for a case filed by someone in the Court. He asked me to speak to the lawyer who filed that case and when I did it seems like he was from the bank's legal team as he refused to listen to me. He said the bank presented the security cheque which I had given against the Credit card and obviously that bounced. There is a police case against me in Dubai (which is true since credit card debit is a criminal case there and not civil). He also said an Interpol Red Notice has been issued for me, I checked the Interpol site but there is no notice against me. He again demanded that I pay the AED 80,000 in max 3-4 installments, anything less is unacceptable. I told him that's not possible so he said fine then, wait to get arrested! He said I will suggest since you can't pay file for anticipatory bail.
I spoke to the person who claims to be calling from Crime Branch and told him everything, he said he understands my situation and he will ask his senior to speak to the lawyer and see if something can be done and I should call him back tomorrow to check. He also said otherwise file anticipatory bail. 
Please give me some advice if this is all actually possible or is it some new tactics by the collection companies?
I am extremely confused as why will I be told to file anticipatory bail if they said the warrant was for non bailable offence, I think he said 401, 420 and some more. 
Can an arrest warrant be issued and a court case be filed against me in India for a debt I have in Dubai? 
When I asked the Crime branch person he had no idea what the case was for, he said I don't know if this is for loan, fraud, credit card. How could he not know??
Please help!


 19 Replies

R Trivedi (advocate.dma@gmail.com)     17 June 2015

credit card default is not a criminal matter in India, cheque bounce is yes...So if it is the matter of credit card default, then at least no charges can be framed against you and neither you can be deported....

 

But please take care, do not set foot in UAE again, till you sort out this mess....You may be arrested on arrival.

 

There are agents of these banks, who call up people, even in the past some indian mobile companies used to hire such telephone guys  to recover dues from bill defaulters, they succeed many a times in getting the money recovered. I cannot comment on the morality of such tactics...

TD   18 June 2015

Thank you for your reply Mr. Trivedi.

sudhakar.RVS (Advocate)     18 June 2015

Sir,

 Obtaining loan from the authorised agencies in not a crime.One has to maintain ethics for the committiments agreed and abide.Absconding from dubai is not the solution. Globally u can be traced and trapped. To avoid all this better u can negotiate with the agency concerned,and make payment in installments. If not agreed by them, let them approach through couer of law in India for payment.But your credit history will get damaged globally,thereby your credit rating will be tarnished.Alternately u can deposit the amount to the agency in instalments through indian banks or Dubai Bankks working in India.Don't invite problems.remember Interpoll through which u can be traced.Think well.

 

Sudhakar.RVS,

Advocate

SAINATH DEVALLA (LEGAL CONSULTANT)     20 June 2015

U have 2 options.

1.Negotiate with the concerned bank for settlement of the outstanding and U will certainly be offered waiver of penal interest.

2.Ignore everything as if U have not taken the credit card .U R offence is not that grave to issue a red alert.

Nothing more to either advice or add.

Sudhir Kumar, Advocate (Advocate)     21 June 2015

agree3d with Mr Devalla

Biswanath Roy (Advocate)     22 June 2015

So far I could apprehend from your given facts some recovery agency of Dubai Bank threatened you so that you can settle up your credit card dues. Better you start remitting  instalment money as much as you can to Dubai Bank to prove your bonafides and to avoid arrest.

stanley (Freedom)     22 June 2015

@ Trivedi 

The author of this post is already in india hence there is no question of him being deported to india :-).

@ Author .

I wish to inform you that if you do not repay the credit card debt then the security check normally given by you to the bank will be bounced and a criminal case registered against you. There is a extradition treaty in force between the two countries since year 2000. The extradition treaty between the two countries provides a legal framework for seeking extradition of terrorists, economic offenders and other criminals from or to the UAE. Under the provisions of the extradition treaty, the two countries shall extradite any person found in their respective countries, accused or convicted of an extraditable offence. The treaty on juridical and judicial co-operation in civil and commercial matters is likely to make it possible to serve summons and other judicial decrees issued by the courts in one country in the territory of the other. The judicial authority of one country may also, on the request of the other, take evidence and the courts of one country may also execute decrees and arbitration awards passed in the territory of the other. Its better you  contact the bank authorities in UAE and make a settlement or continue paying the EMI's .

 

Biswanath Roy (Advocate)     22 June 2015

As I advised you in my earlier post if you go on paying instalment against credit card debts no criminal case can be filed against you by the Banker because such payment will establish that you have bonafides in the matter of payment and side by side it will further establish that there is no mens-rea i.e., criminal intention for non payment of credit card debts and in such a position question of criminality will not arise.

SAINATH DEVALLA (LEGAL CONSULTANT)     22 June 2015

Gentleman,

Security cheque is not required for obtaining a Credit Card.

Biswanath Roy (Advocate)     22 June 2015

The question of the querist is " Can I be arrested in India" ? 

ARREST CAN BE MADE IN iNDIA  " IF ANY PERSON COMMITS ANY CRIMINAL OFFENSE THEN HE CAN BE ARRESTED UNDER THE PROVISIONS OF CRIMINAL LAWS" which needs to prove that (a) the accused had malafide intention, and, (b) the accused had criminal intention to commit such wrong.  If both these basic ingredients are absent in any offense criminality cannot be proved and therefore question of arresting the offender does not arise.

SAINATH DEVALLA (LEGAL CONSULTANT)     22 June 2015

Rightly concluded by Roy saab

TD   23 June 2015

Thank you all for your valuable advice. It was not the police or lawyer who called, they turned out to be collection agents pretending to be a cop and lawyer. 

Sudhir Kumar, Advocate (Advocate)     23 June 2015

Originally posted by : TD
Thank you all for your valuable advice. It was not the police or lawyer who called, they turned out to be collection agents pretending to be a cop and lawyer. 

Nothing new.

Neo   13 January 2017

TD ,

 

What happened to your case? am in similar sh*t.. Need some advice. Thanks. 


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