• Bank loan fraud

Dear sir,

Please guide me through the process of legal procedure to defend myself in a Bank loan fraud case.
I am a bank officer who has worked as Relationship Manager (small enterprises) in Viskahapatnam in the year 2015. At the material time I have appraised and recommended certain loans of which 3 loans have been defaulted and turned Non performing assets. When bank tried to enforce through SARFAESI, the securities offered at the time of sanction have proved forged, untraceable and fake properties. Also one of the unit has offered 3rd party collateral and the 3rd party property has resulted in impersonation. 

I have discharged my duties within the specific roles as defined by the bank and the entire role manual has different layers. I am seeking help in my case.

Also Bank has not reported my name in the accused list, but the investigating CB-CID officer is constantly calling over phone and asking me to be present without any official communication, And my current controller is not giving me any relaxation in existing duties to be able to attend to the investigation. In the absence of any proper direction or communication I am feeling being harassed. Also I am unable to understand the legal rights I can have in this situation,
please help in this regard.
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

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8 Answers

Hi, it is advisable to attend and join the investigation whenever called by the investigation agency .. Calling for investigation does not mean that you will be named and joined as a accused in the FIR ... However , you can negotiate with them the timings for joining the investigation

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) inform the IO that you are unable to attend as your controller isn’t not granting you leave to attend investigations

2) request him to issue summons so that you can remain present for investigations

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Your can be summoned to participate in the investigation only by medium of a written summon.

Let them officially summon you through a written summon mentioning the time and place, date where you have to ensure your presence for participation in the investigation/.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi,

You are suggested to inform the present bank authorities in writing regarding the call from CB-CID and also request CB-CID officials in writing to inform you and present bank officials in writing for attending investigation. Please clearly mention that you are always available for investigation subjected to leave from the present bank officials.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

It would be better,you should approach to CB CID and ask reason in details about issue.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hello,

if your name is not there in the list of accused then in that case you should not go without any proper written communication. Send a letter to the concerned station and also the SP that you can participate in the investigation only if there is some official communication as the bank is not allowing you to move out during the working hours.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir first of all for loan sanction in bank there has to he Legal search report and legal vetting of the documents. So there is no as such responsibility if no collusion as such is proved.

Further file an application before the department to give permission to attend the investigation in official capacity in case they fail to reply write a letter to IO for your response and showing your inability to attend the investigation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The investigating officer can very well summon anyone in this regard for investigation purpose.

However he has to follow the procedures laid down in law, if he does not then you can either issue a legal notice to him to follow due process of law or may visit the police station and cooperate for investigation.

Your department mayn't spare you on duty for this investigation since this is personal, hence you may have to take leave to attend the investigation

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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