LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

hisifybird (retd)     17 November 2011

Can the victim complain and to whom ?

Here is a small automobile garage mechanic who has a service center and has become a victim of cheating. A bank manager was his regular customer. Once the mechanic asked the Bank Manager for a loan of 25000/-.  The bank manager brought cash and gave him He took the mechanic's signatures on many documents along with the original house sale deed and other documents. The mechanic is not well versed in english, but signed all papers.

After many many months, the mechanic got a legal notice from another Bank, that he has stood as a guarantor for some body for 6 lacs and with interest it is 9 lacks. Then he went to the Bank Manager's house, who had taken his signature on papers. He had gone on transfer, the neighbours said. Then he went to a lawyer. The lawyer arranged for arbitration and though he had not signed as a guarantor to anybody, he has been fixed. Then the lawyer took him to civil courts and the court is also likely to take a decision that he has to pay as a guarantor.

Now, the question is whether there is a criminal remedy, if his signed papers have been misused by the old Bank Manager, who gave the papers to some others to use it as guarantee, even though it was given for his own use.


 6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 November 2011

Yes it is a case of fraud and cheating.


You can initiate criminal proceedings.





Shonee Kapoor

Nadeem Qureshi (Advocate/     18 November 2011

Mr. Kapoor is right

Nadeem Qureshi (Advocate/     18 November 2011

get certified copies of all relevant documents from civil courts. fro your defence

Arvind Sehdev (Advocate)     18 November 2011

File a case of cheating and fraud against the bank and the bank manager in question....

Just take all your docments to a lawyer and discuss all that there is.....

Sandeep Naik (Advocate)     22 November 2011

I have doubt against the Motor Mechanic. I strongly smell foul play. The main question arise why he kept quite and didn't enquire about the repayment of loan in the said bank or to bank manager from the date of receiving the cash ? Where did he take cash? On the road ? Or at his work shop ? Let him file the case and the rest will be decided by the Court  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 November 2011

Dear Mr. Naik/ Others,


Advise is given on the facts provided.



Shonee Kapoor

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Start a New Discussion Unreplied Threads

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query