2+ Lawyers are online
Kotak ke dwara kiye gaye civil suit me criminal section lagane ke bare
27-Sep-2026 (In Recovery Law)
Maine 2021 August me kotak se ek pre approved personal loan 60k ka liya tha jiski main kewal 2 emi pay kar paya aur ab bank ne 2025 November me mere khilaf 316,318,351,61 Bns me case file kiya hai. Main Delhi rahta hu case kolkata me kiya h aur agreement me subject to jurisdiction Chennai hai. Mujhe iske regarding help karen.
Please share the exact sections mentioned in the court papers and the current status of the case. Based on these documents, appropriate remedies, including challenging jurisdiction, contesting the proceedings and seeking appropriate relief from the competent court, can be considered.
Helpful?
Adv. Madhvi Chopra
Adv. Madhvi Chopra
Delhi | 50+ Answers
Chat
Hi there, to begin with, banks generally do not initiate criminal proceedings against their customers unless there are specific circumstances warranting such action. Since a criminal case has been initiated in the present matter, there may be additional facts or circumstances involved which may not be apparent to you at this stage.
For the present, I would advise you to appear before the Kolkata Court through Video Conferencing, if such facility is available, and seek reasonable time from the Court to engage an advocate and take appropriate legal advice.
You should also obtain a copy of the complaint/petition and the documents, if any, filed along with it. If a copy is already available, kindly share the same with your lawyer for examination. If it has not yet been supplied, request the Court on the date of appearance to provide you with a copy.
In order to advise you appropriately, I would require some additional details regarding the matter, including the nature of the proceedings, the sections invoked, the stage of the case, and the documents/notices received by you.
Accordingly, I would advise you to get in touch with me and share the requisite details and available documents so that the matter can be examined and appropriate advice can be provided.
Helpful?
Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
Chat
Since the loan was taken in 2021 and only two EMIs were paid, the bank’s allegation and the exact contents of the FIR/complaint need to be examined first. Sections 316 and 318 BNS relate to criminal breach of trust and cheating, while Sections 351 and 61 concern criminal intimidation and criminal conspiracy. A mere default in repayment of a loan does not automatically constitute cheating; the prosecution must establish the requisite criminal ingredients, including dishonest intention where cheating is alleged. The Supreme Court has reiterated that dishonest intention for cheating must exist from the inception of the transaction.
As regards Kolkata jurisdiction, Criminal jurisdiction is generally connected with where the alleged offence or relevant part of it occurred, and BNSS provides specific rules for cheating and criminal breach of trust.
You should immediately obtain a copy of the FIR/complaint, loan agreement, sanction/disbursement documents, repayment statement and summons/order, and do not ignore the case or summons merely because you reside in Delhi.
Helpful?
Adv. Puja Mann
Adv. Puja Mann
Delhi | 5+ Answers
Chat
Aapke matter mein complaint ke allegations, 2021 ke loan par BNS sections lagane ka basis aur Kolkata jurisdiction review karna zaroori hai. Kripya complaint/FIR, summons aur loan agreement share karein. Main Delhi-based advocate hoon aur documents review karke defence aur zaroori court proceedings ke liye guide kar sakti hoon. Agar summons par hearing date hai toh woh bhi batayein. Detailed consultation ke liye meri profile se connect kare.
Helpful?
Adv. Pooja Patel
Adv. Pooja Patel
Delhi | 5+ Answers
Chat
You need to show me the agreement signed by you at the time to taking loan. Ussi se kuch niklega and I will be able to help you.
Because loan kaha liya and unhone Kolkata ki jurisdiction kaise banai yeh usse pata lagega
Helpful?
Adv. Kanav Gupta
Adv. Kanav Gupta
Delhi | 5+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way
whatsoever as this is based on the information shared by the person posting the
query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to
address the specific facts and details.
Connect with top
Recovery lawyers for your
specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
