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Bank sent notice and filed FIR under sec 420 on default at repayment


25-Mar-2023 (In Criminal Law)
I have a personal loan of 60000/-. Bank noticed me to do FIR/420 case against me bcoz i am a defauter. Is it possible to do FIR directly against me? What can i do?
Answers (2)

Answer #1
902 votes
Since you are admittedly the defaulter before the bank, the bank can take various means so that you repay the loan amount, e.g. it can initiate proceeding before the civil court for realisation, they can initiate SARFAESI proceeding if have anything mortgaged, they can also implicate your guarantor for realisation, howeverit should not file any cheating case u/s 420 of IPC untill you cheat them, however even after it files such case, you can seek for quashing of such criminal proceeding against you u/s 482 CrPC. All the best. Regards.

Answer #2
725 votes
You need to take immediate action against this. For being a defaulter they can charge you against sec 138 for being a defaulter. Kindly come to my chamber with all the necessary documents so that I can provide you the best possible remedy.

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