- This topic has 71 replies, 44 voices, and was last updated 1 year, 2 months ago by
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EI made a post in 2024 on this sub about how a recovery agent tried to trespass into my house and how I had to shoo them away.
I found a low-paying job, paid as much as I could, but then my dad was hospitalized, and I was unemployed again (still am). I had to stop paying from December 24.
On Saturday, the police showed up at my door stating there was an arrest warrant against me, issued from a court in Kolkata. I am from Mumbai, so it was shocking, but the warrant looked real, though it was bailable. The police were cooperative, understood my situation, and granted me bail.
I will call the bank, but I hope I can get some good advice from this sub or a referral to a lawyer based in the Metropolitan Court, Kolkata who can assist me in getting this case dismissed.
Attaching the arrest warrant.
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CIn comments, OP mention that the police man was understanding and said Kotak had done this to many others while showing other warrants from Calcutta court.
If true, my guess is the Kolkata magistrate in on Kotak’s payroll.
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WOP, you have taken care to hide info that reveals your identity or location. I suggest you also hide the case no. mentioned at the top of the warrant. All relevant info can be found out about this case online from ecourts website from the case no. I have checked, warrant is genuine.
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WI can still see the case no. CS/………/20..
https://citycivilcourtcalcutta.dcourts.gov.in/case-status-search-by-case-number/
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QNAL.
What’s the loan amount? It looks like someone in the Bank management has an axe to grind against you.
Filing a criminal case for non repayment of loans is a rare-rare scenario.
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IIt is rare and surprising for a bank to be able to bring such trumped-up criminal charges. The same are often threatened in most notices received by people in default cases, but even banks know that most courts do not entertain them in that manner.
It would not be difficult to defend, provided your situation is as you say and as long as they are not able to prove wilful default on your part
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BIt seems the bank has filed a case that you defrauded them and got credit card. Have you lied in the application?
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ENo, I did not, the police guy told me kotak does this to everyone, he showed me the warrants of others as well and they always choose Calcutta court to harrass even more
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ALawyer here.
The charges are not of recovery but of criminal breach of trust & cheating. The warrant is genuine. You have to be present in the court. Lawyer up.
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SIt seems real. I just checked the cause list for the 19th MM Court Kolkata for 17th of April and there are a dozen other cases like yours where the court has issued Bailable Warrants. Usually court issues Bailable Warrants when its initial summons are ignored and the respondent doesn’t show up. So you better hire an advocate asap to represent yourself or if that’s not possible, appear in person and get the case copies. Otherwise, next time they might issue a Non-bailable warrant.
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ABro what did you expect that if you refuse to pay then they will forget about it…you should have gone to the bank if you intend to pay the bank…now your credibility is gone now and chances are they will not provide you with a revised credit line , the only way to close out of court is to pay the whole amount with interest to the bank.
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DThis is not the case if refusing to pay. In case of non payment of CC it’s a civil matter and not criminal Z you should know that .
The case here is filed for criminal breach of trust. Which means either he has lied on his CC form or something else. Bank don’t file criminal charges on civil matters
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AThis is strange. I knew many people in my circle who defaulted to big loans (more than 10L), nothing happened. Your case is crazy. Connect with the bank and settle that bloody due man.
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AOh! OP mentioned defaulted CC. How come bank files fraud case.
If I don’t pay CC, they can file a fraud case on me?
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AThere is some misunderstanding of the law from the OP. You won’t get treated the same just because you were defaulted.
Look at the imgur files and see what section number they were charged with. Ill send you links that explains it.
[https://lawrato.com/bharatiya-nyaya-sanhita/bns-section-316](https://lawrato.com/bharatiya-nyaya-sanhita/bns-section-316)
[https://lawrato.com/bharatiya-nyaya-sanhita/bns-section-318](https://lawrato.com/bharatiya-nyaya-sanhita/bns-section-318)
[https://lawrato.com/bharatiya-nyaya-sanhita/bns-section-351](https://lawrato.com/bharatiya-nyaya-sanhita/bns-section-351)
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CRandom thoughts:
Why is the metropolitan judge entertaining such cases?
How is a warrant issued without any notice to appear being served?
Can this be brought to the attention of the Chief Justice?
Is this matter suitable for a PIL?
Involve a NGO?
No judgement on the Loan. Thinking about the process of law.
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EThere were no summons or notices issued to me to appear. I contacted one lawyer who is near the court and he said I can only bail you out, nothing else.
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CWhich city are you based in? Try and find out if there are any NGOs who can help in this situation.
Otherwise it looks like you need a lawyer. Make sure you use your family members medical issues also while filing and maybe later on also, if you cannot appear.
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SThere were a streak of posts on the personal finance, credit cards and legal advice threads last year abiut defaulting on payments and abscond and I kept telling people you can skip your debts like that – the banks will follow you and make criminal case against you and a civil suit for recovery and I kept getting down voted to oblivion.
Yup, you can fuck with you debts brother.
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POnce owed 3L worth of loan. 3 years of torture and harassment. I showed them fake transfer receipt everyday that i cleared loan. That’s how I was able to get over it everyday. Until they give me settlement amount for 55,000 INR and I cleared it.
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PNo problem. The collection agent was outside the door everyday. Called society watchmen, tortured him too. Everyday
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SHaha! Great yaar. These collection agents are leech of higher order. The moment they realise that you are vulnerable, they won’t leave any opportunity to torture you.
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PAfter few months. I got used to it. So I kinda went revenge mode. & started doing same. I used phone bomber on their phone so they receive calls and won’t be able to call me. & recorded 55 mins voice note on my laptop, saying mere paas paisa nahi, mere paas paise nahi & after they call me I played it on my laptop and went to sleep everyday.
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TI don’t understand why people use CC. Credit card a legal way of transferring middle class’s money to ultra rich class.
If you can’t afford your daily needs your income, you shouldn’t ever go for credit card. How can you even think about it?The same thing happened i was explaining to cousin last Friday and you provided me proofs. I feel sorry for you.
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QDid you miss a summon, knowingly or unknowingly? Afaik, this is a civil matter, not a criminal one.
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SNot a lawyer. Find a competent lawyer and consult with him bring your documents related to your loan.
You have a really short time, but still you can try to file a petition before the High Court of Calcutta, to quash this case since this is a civil matter and twisted by the bank to threaten you. However, given your financial situation, you can appear for the hearing and request the magistrate for adjournment. There are many ways to handle this situation but everything needs money. Be confident, you’ll sure get help. 👍
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