Patiala | 01 Jul, 2021 (1 year, 2 months ago)

Criminal Law

Police case on retired bank employee

I am a retired bank employee. I retired in 2015. In 2014, I sanction a loan of 10 lakh to one person against his house with a consent of his brother residing with him in same house. The legal status report of the same was prepared by panelled bank lawyer. After six months, the person applied for another loan of 5 lakh, the same was given to him against the same property without taking the consent of his brother. The case became NPA and now the same is under process in debt recovery tribunal. The drt sent the summons to both brothers to repay the loan or mortgage the property. Now the other brother has gone to local police station with a complaint of mine‌ that he has not taken any loan. I give loan on his property through fraudulent means. The local police employees are blaming me that I have done a fraud and they will issue FIR with sections of non bailable warrant. What can they do or I can do. pls do the needful
Answers
02 Jul, 2021 | 15:16

Sir i am practising DRT lawyer. Just answer me certain question:-
1. Was the mortgaged property jointly owned by borrower and his brother ?
2. what was the approximate value of the property when it was mortgaged ?
3. why is notice issued to brother by DRT ? was he a guarantor to the credit facilities ?

For any further assistance, feel free to contact me on my e-mail "shubhampabbiadv@gmail.com"

regards,
Shubham Pabbi & Associates


Shubham Pabbi 03 Jul, 2021 | 00:17

Then there will be only one way to get out of this mess. But that would be a part of paid consultation sir. I will continue only if you agree to it. and if need be, you will have to meet me at Chandigarh DRT.

Asker 02 Jul, 2021 | 22:09

Except him there are two guaranters, one is first loan and second is in second loan

Asker 02 Jul, 2021 | 22:08

Sir answers are:- 1. Yes mortgage property is jointly owned 2. Value was 24 lakhs on the papers. 3 yes he was the guarantee

02 Jul, 2021 | 11:21

Dear sir
As per your submission it reveals that this is a matter of sanction of loan and criminal case
Sir
See
Until and unless I never see copy of FIR it is difficult for me to answer your question in detail
However
You can file Bail application before court
For details discussion
You can take my contact number through lawyered and can call me
Advocate IRFAN SHAIKH


02 Jul, 2021 | 07:49

since the property is in the name of both the brothers it is not totally a fraud and so there is no problem in your case. Just hire a good lawyer and take bail and then either approach the high court to get the FIR quashed if at all registered and if not then face the trial in the court and you will get exonerated after the trial.


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