Police call for non payment of loan
3 months ago
Hello, I got a call from someone who said he is police and told that I have a case on me and gave me a phone number and said that he is lawyer and to ask him to hold the case. I called the number he said to settle the total amount that I had taken from nbfc loan app (36 thousand) within 2 hours or else I should go to nearest police station to get the case details and that they would put me in custody for 2 days as they called me 2 days before shankranthi and it's holiday. Police said he should produce me to court. When I asked him to give the case number and told him that I did not get any summons or notice from court, he said to come to the police station within 10 min. Both police and lawyer were yelling and talking rudely. Can this be real? I only got legal demand notice in SMS from the lender saying if not paid they will take additional legal action. But I didn't receive any summons or notice from the court. As I remember, I didn't even create e mandate, ecs or gave cheque. I checked with my bank. There was no bounce of that particular emi which is around 5000rs. I was paying it manually through the app. 2 or 3 months ago I got message from bludart saying there is courier for me and it was from that lender, which I think maybe demand notice from lender. But even that didn't reach me. I got delivered message from bluedart but I didn't receive anything. Is this police and lawyer genuine? Or recovery agents playing tricks? My mother friend was in police department, when they asked the person who told that he is police, he told that he is court pc. I have mailed about this to the nbfc lender. They are yet to reply. Even if I have given cheque that I don't remember. How to check if there is case on me? I live in Bangalore and there is online case status checking option. There is 2 options 'court complex' and 'court establishnent' which should I choose and which sub category I may find my case details if just in case they have filed a case? The url is https://bengaluru.dcourts.gov.in/case-status-search-by-petitioner-respondent/
If there is a cheque bounce case then only Police can call you. In Civil matters particularly in Money recovery matters Police cannot fix you. It is in civil nature unless they treat it as cheating case. If no FIR is registered you are not suppose to visit the Police Station.
In the given situation a complaint can be submitted under section 200 CrPC to the magistrate. After the submission of a complaint, the magistrate will conduct a hearing, deciding upon the issue of cognizance. The complainant's statement under Section 200 of the CrPC on the same day. The case is then scheduled for recording the evidence of witnesses under Section 202 of the CrPC on another day. Section 200 of the CrPC outlines the procedure for a Magistrate to take cognizance of an offence. The section begins with the requirement that any person who desires the Magistrate to take cognizance of an offence must present a written complaint or information. If the Magistrate finds or satisfies that prima facie offence is made out against the accused and all essential ingredients of alleged offence are available in complaint as per evidence u/ss. 200 and 202 of the Code of Criminal Procedure, 1973, the Magistrate issues process u/s 204 of the Cr. PC. Reach out to an Advocate for guidance and steps.
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