Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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lawyers friend (na)     30 June 2008

sir need urgent help

sir,i from delhi but bank file one case u/s 37 civil from delhi and one case u/s 420 406 from chennai.....what i have to do.....court issue nbw aginst me in 406 ,420 case...it is possible court can do this.
sir what can i do sir??? who i cancel this nbw and trf case to delhi.or can challenge this case.what i do sir help me.......i really worried about this nbw any time police arrest me sir....please.....please help me.


can i file injection suite to stop bank file criminal case.



Learning

 19 Replies

ARVIND KUMAR (LAWYER)     30 June 2008

First of all please come with your entire case mentioning dates and events. Thereafter proper advise can be delivered.

In case Bankl has already filed Civil suit at Delhi and susequently filed another criminal case for same cause of action at Chennai. You have remedy to challenge N.B.W. before High Court on this basis.

But please refer daters and events of your case in detail for proper advise.

B.P. Bhardwaj (delhi)     30 June 2008

Mention brief facts of the case first, bank can proceed with both proceedings under order XXXVII and criminal u/s. as you mentioned. In my opinion you please trace a suitable lawyer at chennai and take initiative for cancellation of NBW fist.

K.C.Suresh (Advocate)     01 July 2008

Dear Vikas, Give more details of ur problem. What is the matter of civil case U/s 37 of what Act? What for the charges of 420 etc. Facts are IMP Adv.K.C.Suresh.

H. S. Thukral (Lawyer)     01 July 2008

First of all engage a lawyer at Chennai, get the NBW cancelled secure bail and then take further action as advised by my Ld. friends

B.P. Bhardwaj (delhi)     01 July 2008

well done harbhajan ji

lawyers friend (na)     01 July 2008

 


sir details of my case...


I use to have many credit cards issued between 1999 -2004 and all of them were issued from delhi.I was a regular user of the Cards and was paying all the


dues on time till last August (2007).I had undergone a finacial crisis due to loosing all my money in share market and i got bankrupt.I do not have any


movable or immovable property on my name nor I do any job or business .I stay in a rented house and somehow surviving myself doing small works here and


there.


Now the issue is there that as I have not made the payment of the banks since last august ,they have started taking legal action against me ,I am giving


details of few of the cases which have been imposed on me,though I have not served any notice but got the papers photocopied somehow.


(1).They had filed case u/s XXXVII OF THE CODE OF CIVIL PROCEDURE,1908 IN COURT OF SENIOR CIVIL JUDGE,DELHI.


(2).They had FILEd CASE U/S 406 and 420 I.P.C,IN CHENNAI IN COURT OF X METROPOLITAN MEGISTRATE,AND XMM issues NBW under section 70 CODE OF CRIMINAL PROCEDURE


 though there were no notices being sent prior to this.


Sir, I want to ask that what is the remedy available to me as I do not have money to do any settlement with the banks as I myself surviving very


difficultly.WHat should i do,I cant hire a lawyer as lawyers in delhi are out of my range. I am totally helpless and clueless.Please give me some guidance


and show me the path.


Some of my friends have suggested me that I should run away from my address ,sir is it the right solution ,what are the consequences of it..


I might be able to settle them in 4-5 years time but the bank is not agrreing to it,at present this are the two cases but in the near future there could be


many,I am totally lost and clueless.




Some of my friends have told me that in Civil cases the court will do a decree ,but as I have told you earlier I have nothing on my name,is there is anyway


for me .


My all hopes are on your guidance as my life is all black and I am into high depression.


thnaks sir

 

vishnukumar gandhee (private practitioner)     02 July 2008

nothing to worry about decree because u said earlier that u made provision that others name so go for right way take advice of the advocate it is good for u

ASHUTOSH (lawyer)     02 July 2008

dear sir


it can be possibel  court can file case in chheni but first you tell there is a cheque bounce? because merly on the cheque bounce 420 and 406 not arracted and in order 37 civil suit what ground they have taken and how the delhi court juridection lie


ashutosh(adv)


delhi high court


 

lawyers friend (na)     02 July 2008

sir i not give any kind of cheque or any cheque bounce for card payment.


 


thanks




sir can i apply bail in delhi,and can i save my self from futre nbw if any being issued by court.

H. S. Thukral (Lawyer)     02 July 2008

All said and done. You must understand that the Chennai court has already issued a NBW against you. The bank will pursue it and sooner ot later it will be executed and you might be arrested and produced before the Court. If you donot secure bail you will be sent to judicial custody. If you care to avoid this eventuality you have to have some body from legal fraternity to help you. You have to surrender before the court, get the NBW cancelled and also secure bail. Whatever opinion you seek this part is inevitable. Donot bother for the time being proceedings under order XXXVII CPC. Appear before the civil court and disclose your defence and try to get leave to defend the case. This will give you time to settle with the bank. After you secure bail, bank may be inclined to negotiate with you and it may lead to compunding of the offence.  


Not withstanding the above advice, my advice to you and other persons who are tempted to get the credit cards issued by the bank and try to give their life an aflluent style is that sooner or later they will get into similar trouble. 


You must spread your feet according to the 'chadar' you have to cover your self. What you are seeking now is ways to to avoid making lawful payment to the bank. Some ld. friends are trying to help you but I am not optimistic. Try to arrange money through your friends/relatives by narrating the plight of yours and some might help you. good luck.       


 

lawyers friend (na)     02 July 2008

thanks sir,


but  sir i paid to banks all most 2-3 times of money  which i used as interest and charges  i willing to pay but don't have money right know i want some time of 4-5 year's have a/c balance of rs.2 cr.on 8 Aug 2007 and lost all money in stock mkt. now no money even 1 lac rs to pay to bank.i already said all this things to banker who came my place to card payments but they want all money in one shoot how can i pay i told him give 4-5 year time so i can Seattle with bank and pay but they no agree.now tell me what i do.

Badal Dayal Advocate (Advocate)     02 July 2008

a bank can file both the cases criminal case in chennai b'cos the offence was committed their and for recovery of money at delhi as you/defendant resides for gain at delhi. Moreover you must engage any good lawyer in chenani to cancel NBW which is not a big task as NBW might be issued due to your failure to appear before the court and simultaneuosly you must also engage any good lawyer in delhi so that u can file leave to defend and if not filed then otherwise raise your objections before the hon'ble court. further advice will be given by you by your counsel.

lawyers friend (na)     03 July 2008

Dear Sir,





i ask this problem(credit card payment) on this forum...thanks for your reply sir i need your last time advice please help me


Kindly advice me as what is the better solution,is it to face the case and then if I am not able to make the payment to the bank then should i escape or escape right now and then do the settlment with the banks through some mediator ,at present I do not have money to settle,if its possible that I can fight the case for 2-3 years and in the meantime arrange for the money and do the settlment then I can think to fight the case .



Sir ,at present I have 2 cases against me under section 37,420 and 406 .There would be around 20+ cases which can be filed against me.



Sir kindly advice me should i face or skip as I am totally bankrupt and dnt knw that even after fighting the case will i be able to repay or not,on the second thoughts i thought to run away from my current address .



Sir if there is anything which you cannot write me in open or in this forum ,then you can mail me at abhiban12@gmail.com ,then i can get in touch with you personally(i can pay for that)


 


thanks sir.

lawyers friend (na)     06 July 2008

sir,


insolvency is possible in my case all fact i allready tell u sir.About insolvency/bankruptcy as I consulted with some lawyers in Delhi.

 

I think there is some confusion, I do not have any shares as assets secondly about filing my insolvency, I had consulted with some lawyers in Delhi and as per them I am not eligible for it.

They have said that wherever there is public money involved you cannot be an insolvent secondly you should also have a debtor .In my case I only have creditors which are MNC Banks.

Sir kindly advice if you can help in filing insolvency then I can meet you personally and can also do the needful in terms of your charges.

 

 

Thanks sir,

BANSAL


 


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