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Priyaprasad D   30 November 2021

quash petision

if there is no sufficient evidence ,except coerced ,involuntary hand written letters taken by the accused in bank case, is it possible to approuch for quash in highcourt while trail time in lower court.


 2 Replies

G.L.N. Prasad (Retired employee.)     30 November 2021

This is not easy as coercion, involuntary handwritten letters and circumstantial evidence is essential to establish fraud, High court may not interfere in such cases where detailed facts and versions are decided in Trial court.  The thumb rule is that Neither Bank officials nor their team of advocates, can file a case without a piece of strong evidence, and there can not be personal motives when the public funds/issues are involved.  Your advocate is the best for guiding on further defense, as certain assumptions and surmises of the accused are not sufficient ground.  

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     30 November 2021

If you have taken loan from a bank and defaulted, bank files case for recovery it's loan from the borrower based on various loan papers signed by you at the time of availing the loan. 

 

You did not mention the nature of papers signed by you which were claimed to be signed under coercion. 

Any attendant letters etc signed by you may be filed as only supplementary papers, which if you claim to be coerced etc., the same should have been contested in the Trial Court only, where the case, as informed by you, is still going on. In the absence of nature of such supplementary papers, its difficult to say whether the same impact the outcome of the case.

 

High Court is not likely to interfere in such a case.


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