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Bank loan borrower absconded

Page no : 2

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 July 2013

What is the use of a civil suit if the person could not be traced?

If a person who owes large amounts of money to another person, is absconding, who will help to trace him, if not the State? Private detectives will not be able to investigate without breaking law. If a person borrows money and then vanishes it is like theft or cheating and should come under criminal law. 

Earlier issuing a dud cheque by itself was not a criminal offence unless deliberate intention to cheat was proved. But after NIA-138 was introduced issuing a cheque itself became a criminal offence.

What the father's friend did amounted to a criminal offence and a police complaint can be made. Whether the police will act and act with diligence is a big question. But that is so in the case of any other criminal offence too.

Aditya Holkunde (Proprieter)     20 July 2013

Thank you Sastry, Kumar, Ramani and Sudhir!

Once again for the valuable suggestions, I will surely consult a local advocate soon.

But tracing him has become a misery for me. So, I will also seek help from a private detective.

Do advise me if there is anything else that could be done.

Best Regards, Adi

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     09 October 2013

To Mr. Kiran Kumar,

Your post on non-applicability of Consumer Act against Telephone providers is more than 2 years old. Can you let us know what happened with your case. Did you have to approach the Supreme Court? Did you see the Kerala High Court judgment, against which the appeal was made? The Kerala High Court judgment was  more enlightened and comprehensive. The Supreme Court judgment doesn't rebut the Kerala High Court judgment. One of the judges of the Supreme Court was Markandey Katju, who retired and became Chairman of the Press Council, which post he was forced to leave. It is very unfortunate that we cannot comment on court judgments.


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