I have received a summons from a trial court in Kolkata. I live in Bengaluru & I had taken a loan from Bajaj Finance in 2019 with an EMI start date in Oct 2019 and end date in sep 2025 as per their statement of account issued to me. In 2022 midway through the tenure, they unilaterally changed the loan from my customer ID to my husbands customer ID & converted it into a higher EMI & shorter tenure loan without our consent or paperwork. When my husband objected & threatened legal action, they changed the loan to my name again with a totally different & new customer ID, but with the same higher EMI & shorter tenure. Now, Their ECS was getting rejected from my bank as they exceeded the mandate previously issued to them till 2025. They asked us to give a fresh ECS which we refused as the new terms & conditions were not implemented with our consent & no fresh paperwork in terms of loan application or loan agreement was executed by us authorizing the modifications. They quoted the old agreement which they said authorized them to convert the loan automatically without our consent. Then we downloaded the old loan agreement and application from their online app, which seemed to be tampered, forged, & had invalid entries without any accepting signatures from our side. 1. The photo in loan application was of a different person, not of the applicant. 2. The signature on the promissory note was tampered & extended till the stamp. 3. The tenure of loan was mentioned as 72m, not 72 months. They have interpreted m as months, without any definition in the glossary of terms & definitions. 4. The borrowers signature is not present on every page of the loan agreement but only at the last page. The sheets in the middle have entries which are not in the borrowers handwriting, they also do not have the acceptance signature on these pages. 5. When this was brought to their Notice, they were quiet for about 15 months trying to call me to close the loan and offered to waive off the interest if we were ready to pay only the original principal. I refused saying that once they tamper with the loan documents to pursue illegal unilateral modification of loan terms, with criminal acts such as forgery, impersonation, misrepresentation, criminal breach of trust & fraud, the loan then becomes null & void as it is not legally enforceable. They then had the option of encashing the security cheques issued them & pursuing bounce case under Negotiable instruments act, but, instead they have filed a FIR against me in Kolkata under sec 420, 418, 406 & 506 of IPC for which I have received a summons. My queries are 1. Can 406 and 420 be tried together as there is a verdict that they cannot be tried together? 2. Do I need to compulsorily furnish a bail bond even before guilt is proved ? 3. And lawyers are asking for 50k to do the paperwork for bailbond? Is it that expensive? 4. One lawyer is advising filing a case in HC for quashing FIR. Under 482? Is it advisable?
Quashing is to be done in exceptional circumstances
l2) HC is reluctant to quash FIR pending completion of investigation
3) you will have to appear before trial court and apply for bail
4) legak fees vary depending upon lawyer engaged by you
5) best option is to enter into amicable settlement wherein bajaj waives off interest and you pay principal amount
1. For 406 ipc, criminal brach of trust is required. The bank cannot say I breached that trust because I paid the EMI for 3 yrs & after that also, the NACH system is rejecting their mandate as it exceeds the mandate taken by them as per original T&C. So, if they alter the T&C in between, how am I in criminal breach of trust? 2. For 418 IPC, my intent to commit fraud must be established by them in 2019 itself. They are probably saying that I supplied them with wrong photo, & signed over the pro note in a wrong manner. If it is assumed so, the onus of signature and photo verification on the agreement is still on them. If their argument is accepted hypothetically also, How can they accept the mismatched photo and wrong signature in 2019 and then say in 2024 that there is a intent to commit fraud from my side in 2019? 3. For IPC 420, i should have issued a stop payment instruction to the bank or their ECS should be rejected for insufficient funds. If the NACH system rejects their ECS for exceeding mandate, how a case under 420 can be registered? How is NACH rejection of ECS a fraud from.my end? 4. For 506, IPC. There should be criminal intimidation by me to their person property or reputation that prevents them from taking legal action.. My husbands threat of legal action when they came to discuss the matter as he was not the borrower cannit be contrued as criminal intimidation. and when they threaten legal action to force me to pay up, I am well within my rights to point out to them the discrepancies in their case and the ramifications of their acts of forgery, tampering of records, impersonation as well as misrepresentation became public knowledge. This cannot be construed as criminal intimidation.because I have not gone to the media, issued public ads, or filed FIR and reported it to media. & they have talked to me only twice in person. They have never talked to me over phone because, they do not have my registered phone no.. How is 506 made out here?
1. Both rthe sections are non bailable for which you are required to avail bail from the Court duly appearing before the Court.
2. You should have lodged a police complaint against the party before hand to stay ahead of them legally.
3. Did you receive any notice from the Police? The legal fees can be 40K excluding the fes for bail bond if the loan amount is not very high.
1. Since ipc 406 and 420 are non bailable, can they charge them together, I believe there are court judgements that say both cannot be applied together. Hence can charges in the FIR be quashed under crpc 482 under this rule alone by HC? 2. No, we have not filed a police case because we were collecting prima facie evidence like loan application, Loan agreement, Statement of Accounts pertaining to customer ID issued in 2019, and SOA of thus loan pertaining to another customer ID after transfer to my husbands name illegally. 3. No, we have not received any Notice from police regarding lodging of FIR.
1. Quashing s discretionary relief and is applied very sparingly unless the merit is apparent on the face of record.
2. Once bail is granted furnishing is Bond as per direction of the court is mandatory.
3. If you are finding something expensive you always have the option of getting help of another advocate. Fees of 2 different advocates are never same.
4. If Charge Sheet is submitted then only go for quashing. Else wait till then.
1. Yes the offences under the sections mentioned can be tried together, there is no requirement to prove that they cannot be tried together because that is position of law.
2. Once you are getting enlarged on bail befor the trial commences, then you need to submit bail bond/surety also.
3. It depends on the lawyer, if you feel that it is very exorbitant, then you may choose another lawyer.
4. It is not advisable to file a quash petition to quash FIR, yo may wait for the charge sheet to be filed so that you can file a quash petition to quash the charge sheet.
All these questions are matter of trial.
You can properly raise questions during cross examination of the prosecution witness during the trial proceedings and get the allegations nullified based on the evidences they rely upon.
There is no reason that both the offences cannot be tried together.
You cannot find any judgment stating that the offences of the said sections cannot be tried together.
You can file a criminal complaint agaisnt the company for their fraudulent activities but since they have already rushed to the police station with their complaint, your complaint may not be very effective.
Let police complete investigations and file closure report or charge sheet
since there are specific allegations made against you in FIR. Court would direct you to appear before trial court and prove your innocence in trial
you can file for discharge before trial court after filing of charge sheet if there is no evidence against you
The offence under section 406 is antithesis to an offence under section 420 IPC. Even otherwise, dishonest intention is an essential ingredient of both these offences. To constitute an offence under section 406 or section 420 I.P.C. it is for the prosecution to allege and prove that there was dishonest intention to do the particular act on the part of the accused person.
1, Please mention the judgement you are referring to which restrains the police from putting section 406 and 420 in one FIR. Multiple non-bailable sections can surely be put in one FIR.
2. Atleast lodge a police complaint for the dishonest step taken by the Financial Institution to defraud you though it is a bit delayed.
3. After receiving the complaint, ordinarily police make investigation for which they issue Notice u/s41A of Cr.P.C. asking the accused to appear before the Investigating Officer. In your case it has not been followed.
1. As per the Delhi High Court in the case of Alok Malani Versus State & Anr. Section 406 and 420 cannot be tried
together
2. Yes , you should apply for getting bail
3. Depend upon the lawyer to who you have engaged , and same is not fixed
4. Since, you have sufficient proofs with you , then you can file Petition for quashing the FIR.
1. Both can’t be charged together for single cause of action or indentical offence.
2 take ABA before going to police stn
Dear client,
Answer to your further questions are as follow:
Answers to the last set of questions asked by you are as follow:
Hope this helps you.
