Sh. Nathrao ji, thanks for your remarks and appreciation as above. I have already expressed by views and the same can be applicable only depending on the facts of the case. In such situations where facts are not clear, we have no alternative except to indicate all possible views (or in this case line of defense), which we can give based on our experience and ability. ,
From India, Noida
921From India, Noida
The information given for bank filing a case is incomplete. Was there any investigation if so by whom Was it an external agency? Generally banks do not go to this extreme unless the irregularities are pin pointed and arrive at a conclusion that a particular officer is responsible for the loss that a bank may incur. It is very essential to know full facts of the case before we come to any conclusions
From India, Mumbai
From India, Mumbai
It seems, the querist is not aware of the background, nature of the case, and the present status of the case, as he has not replied my questions for the last two days. Naturally, without appropriate barest minimum information about the case, any answer from the members will just be striming in the air, instead of any appropriate solution.
From India, Delhi
From India, Delhi
Sundaram is right, It is the Netas who need to be booked, but we can't overlook the over enthusiasm of officials also. However it is time these officials realise that it is only they who will be made scapegoats( the proverbial low hanging fruits). In Maharashtra all Netas who are really responsible for irrigation scam are roaming free where as a few officials have been booked, in mother of all scams VYAPAM the victims are languishing in jails as accused & accused Netas including wife of CM are roaming free, because the state does not oppose their bail plea. All said & done we can't overlook the fact there is Rs 8lakh crore of NPAs( as admitted by union state minister of finance yesterday in an interview to media), this can't happen w/out some active connivance with officials, though this Uncle may not be at fault. This 8lakh crore can probably take care of a few states' budget. Banks & Govts don't suffer, it is we tax payers' money,every Indian is a tax payer directly or indirectly.
From India, Thane
From India, Thane
Thank you everyone for helping out. The loan was against KCC (Kisaan credit card), Loan was passed in 2010 and my uncle retired in 2011. He has been charged along with bank manager at that time, MRO and other people. he was working as field officer in time of loan being sanctioned. The FIR was filed in 2015 and then only my uncle came to know that man on whose name loan was issued was dead at time of loan being sanctioned and someone has falsely taken loan on his name. The documents were duly signed by verification lawyer, Patwari so it was difficult to judge at time of scrutiny however lawyer and Patwari are out of FIR. Please suggest what clauses we can explain in court to fight our case. He has been arrested under section : Indian Penal Code-420/467/468/471/, Any suggestions will be very helpful for us to get justice.
From India, Gurgaon
From India, Gurgaon
It is ascertained that all Banks are following this method of probing into the past. This method has created panic among the Officers who are looking for voluntary retirement or for those who are about to retire in coming years. A Possible solution is to look into the previous commitments that warrant any corrections. If the officer is on the right path, he has to clarify his role in the past transaction. I feel this is the correct path. If not, the retired officials will not get the full retirement benefits and they are unnecessarily put into trouble of meeting their higher ups.
From India, Bangalore
From India, Bangalore
SGstudent,
What was the role of your uncle?
Did he process the papers under his signature?
His role will be under total scrutiny because he is the beginning point in the whole episode of issuing credit card.
IPC sec467 deals with forgery.
468 deals with forgery for cheating.
471 use of known forged documents as genuine.
Your uncle needs to take the help of a good criminal lawyer to sort the issue out.
Whatever you have mentioned indicates the need for proper legal advice to avoid trouble.
Precisely what was his role in getting credit card issued in the name of a person who was dead>
From India, Pune
What was the role of your uncle?
Did he process the papers under his signature?
His role will be under total scrutiny because he is the beginning point in the whole episode of issuing credit card.
IPC sec467 deals with forgery.
468 deals with forgery for cheating.
471 use of known forged documents as genuine.
Your uncle needs to take the help of a good criminal lawyer to sort the issue out.
Whatever you have mentioned indicates the need for proper legal advice to avoid trouble.
Precisely what was his role in getting credit card issued in the name of a person who was dead>
From India, Pune
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Madras High Court - V Mathivanan v State Bank of India - representation by a legal practitioner .pdf
VARIOUS BANK DETAILS NAGPUR.doc