AboutJaved Razack Expertise If you have any question on Indian Laws concerning Civil disputes on property, recovery or any other contractual obligation, Criminal disputes on Indian Penal Code, Negotiable Instruments Act, Company matters, Income Tax, Arbitration, Family and matrimonial issues, please ask me.
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Question i need your help in this matter.
i am using some cards of many banks
from last 4-5 years, I had made all my payments on time but due to some dispute
in some cards
and sudden financial crisis i not able to make payment since
last 1-2 years against my credit card accounts.....now bank has filed criminal
cases u/s 420,406 ipc.
When I spoke to the bank they said that I have
given false documents for Credit Card Application......sir let me know that if
the documents were forged then how could have bank have issued me the card and
why till last year when they were receiving the payments I was not a
fraud.
Is the bank doing right ,what remedy do i have
please help
me out sir
Answer Hello Ajay Kumar,
If the bank's contention is that you have given false documents at the time of applying for a credit card, then the veracity of the verification done and conducted by the bank can be questioned.
This can only be done when you make an appearance into the court and proceed with the trial to disprove the contention. As for the default in making the payment is concerned, it cannot be said that the member has cheated the bank as according to me it relates a civil dispute for recovery of the amount due to it.
The statement that you have been regularly making the payment for the last 4-5 years and due to some disputes in some cards and your financial inability you could not make payment can be your defense in the case and also if the bank's version that you have applied on the basis of false documents, the very intent of the allowing the member to use the services can be challenged.
The remedy that any individual or corporation, bank, institution may pursue is based on legal advise that they receive and act upon. It cannot be said that the bank is doing right or wrong. A good trial into all the aspects will conclusively opine whether there was a good case for the bank against you.
You need to contact a good lawyer specializing on criminal matters who will be best able to advise and guide you through your endeavor to seek appropriate remedy.
I hope this suffice your present query.
All the best
Javed Razack
