lawyers friend (na) 13 July 2008

Banks above any court any law

hi,
one of my friend give me this "judgment of the Madras High Court"

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The judgment of the Madras High Court quoted in the news report below could help you in criminal cases.
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Keep off civil disputes, HC tells police

It Will Only Result In Huge Pendency Of Cases: Judge

A Subramani | TNN / TIMES OF INDIA, CHENNAI 13 July 2008

Chennai: Can criminal proceedings be initiated for issues concerning credit cards, personal loans, housing loans, hire-purchase schemes, default in payment of instalments and cheque-bounce cases?
   No, is the Madras High Court's emphatic answer.
   Neither the judicial/metropolitan magistrates shall entertain any private complaints from corporate firms in this connection, nor shall the police register criminal cases against persons concerned to please their corporate complainants, said Justice R Regupathi.
   Not stopping with that, the judge directed the high court's registrar (vigilance) to compile state-wide statistics on the number of private complaints lodged for these civil disputes, and the orders passed by the magistrates concerned.
   Narrating the novel system adopted by private financial institutions/banks, the judge said they file private complaints before magistrates and secure an order directing the jurisdictional police to register a criminal case and carry out investigations under Section 156(3) of the CrPc. Despite the fact that the dispute is civil in nature and the police are under no obligation to register any case, police personnel contact the persons and intimidate them to repay the credit card payment or personal loan or hire-purchase amount due to the bank.
   Citing two specific cases that came up before him, Justice Regupathi said in both cases though there was nothing to investigate, the magistrate concerned, "with oblique motive to convert a civil case into a criminal case," directed police to register a case and probe.

CURBING ABUSE

Magistrates asked not to entertain private complaints

Police not to register criminal cases in such complaints

Erring magistrates warned of stringent action

HC registrar asked to compile statistics on number of private complaints

Also asked to report on the orders passed by the magistrates concerned

Banks using police to harass defaulters: HC
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also in "judgement of the Supreme Court" wherein it has been decided that the NBW could not be issued at the first instance. It had to be preceede by summons and a bailable warrant.
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Kindly advice if this Judgment is there then how could the Banks had issues Warrants and filed cases on me under Criminal Law from the lower court,can I get those cases and warrants cancelled on basis of this judgment as well case dismiss and can we take action against banks and sue them for mental harassment.can i file PIL for this.

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5 Replies

(Guest)

This is really a good example. thanks

guest (advocate) 14 July 2008

Ya this is really a wornderful, if any body find the judgment please may forward the same to our group.

podicheti.srinivas (advocate/legal consultant) 14 July 2008

yes, the banks have got a right if any offence is commited by any customer they may proceed against them them under the four corners of law if law permits.
the practise of police calling the respondents to the police station for private settlements has to be deprecated. and it has to be brought to the notice of the magistrate in whose jurisdiction the police station falls,and also a complaint by the person aggrieved under registered post to the superintendent of police of that local area to curtail such activities by the erring police.

Mukul Aggarwal (legal) 15 July 2008

very good judgement however Supreme court and various High Courts had passed so many orders against the various Banks but banks are not ready to abide the law and they threat the defaulter and charge so much penalty in case of default that anybody who wish to pay could not be able to pay and lift the car at any time without court order and come at home and threat the customer.. dont resolve the complants of the customers becuase out of 100 only 2 or 3 person approch the court this is main crux of this problem when every person will be prepare to take panga with bank than bank will not take this type of coercive methode..

kajal dutta chaudhury (Advocate) 19 July 2008

First of all Thank you for your valuable information and will be more greatfull to you if you be kind enough to ensure the perticulars of this relevent judgement in this page for the enrichment of information for all.