Police case on retired bank employee
2 years ago
I am a retired bank employee. I retired in 2015. In 2014, I sanction a loan of 10 lakh to one person against his house with a consent of his brother residing with him in same house. The legal status report of the same was prepared by panelled bank lawyer. After six months, the person applied for another loan of 5 lakh, the same was given to him against the same property without taking the consent of his brother. The case became NPA and now the same is under process in debt recovery tribunal. The drt sent the summons to both brothers to repay the loan or mortgage the property. Now the other brother has gone to local police station with a complaint of mine that he has not taken any loan. I give loan on his property through fraudulent means. The local police employees are blaming me that I have done a fraud and they will issue FIR with sections of non bailable warrant. What can they do or I can do. pls do the needful
You immediately approach High Court and get a stay on such investigation if your bankers not lodged any complaint. Primarily that guy given consent and it will be deemed consented for further loans. Police cannot register such case on the complaint of private person unless bank itself lodge a complaint as transaction took place in the Bank.
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Since you are a retired Bank employee there is nothing much to worry about as you passed those loans prior to your retirement and they were qualified through your legal requirements. However, it shall be advised to bring light to this situation in presence of the concerned bank.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Since you are a retired bank employee you cannot be held liable for the kind of work you did prior to your retirement as the loan was granted by the bank and you worked as an employee. Moreover, legal status report of the same was prepared by the panelled bank lawyer so there should not be any complexities. But as a safety step, you also report the situation to the concerned bank and seek help from the authorities.
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A.The brother is trying to lodge a false case to save himself from the debt liability and there is no need for you to get worried about if you have taken all the documents as per the banks procedure while sanctioning the loan. This is not a case which can/should be filed individually on you and the police can harass you for that. When the police calls you tell them you shall cooperate and let them get all the evidence from the bank. You shall be safe.
Since this is a criminal case you need to hire a criminal lawyer too.
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