• Misuse of PAN card details for making me a witness/guarantor

One of my friends took a personal loan from the bank and used my pancard and contact details as a witness/guarantor. While taking the pancard ,he told me that he requires it to submit in a society as he is on rent and society wants some local persons reference for contacting if any unforeseen circumstances happen. So I gave him my signed pancard xerox.
After 3-4 months, I started recieving calls from recovery that he is not paying dues and they only want his new address and will never call me. I informed the banker that I have no idea about loan and no clue about me being a witness/guarantor. I NEVER signed any bank documents. Later, I gave them the address. No calls recieved for close to 2 months. Now I am getting a call and person(lawyer maybe) is telling me to file an NCR/FIR against my friend for misusing my documents and give these same statement in front of judge/court. The person is also asking me to get a proof against him where my friend states that he misused my documents. I have relevant whatsapp screenshots. But why should I go to court to give statement and why that person is forcing me to file an NCR/FIR of 420. Its really making me furious and I am unable to focus on work
Asked 6 months ago in Criminal Law from palghar, Maharashtra
Religion: Hindu

You dont undertake any such job as instructed by the so called lawyer until and unless you get a notice or summon in writing to your address from court.

Your friend might have forged your signature for having made you as a guarantor in the loan application form, hence you may have to prove that it was not your signature when the dispute comes for trial before the concerned court.

T Kalaiselvan
Advocate, Vellore
53783 Answers
651 Consultations

5.0 on 5.0

The guarantor of a loan is liable to pay it if the debtor fails to clear it, the Supreme Court has ruled, while maintaining that financial institutions too cannot act like property dealers in recovering the debts.
A bench of justices BS Chauhan and Dipak Misra also said the guarantor cannot insist that the creditor must first exhaust all remedies against the principal debtor before recovering the debts from the surety holders.

Mohammed Mujeeb
Advocate, Hyderabad
8459 Answers
3 Consultations

4.5 on 5.0

  1. As per the information mentioned in the present query, makes it clear that photocopy of your document has been misused by your friend.
  2. But, it is not just that a photocopy makes you a witness, bank should have called you also for verification otherwise you have no role to play, if they are saying this then they will have to come up with recordings which I am sure they can’t.
  3. And there is no need for you to file any case or give any statement at all, in fact tell that lawyer that stop forcing you for doing anything as otherwise you will complain  about him in Bar Counsil of of his state.
  4. Tell them to file a case against that person, and if you have been called by court then you would state everthing about the bank fault also to not to confirm from you on phone or otherwise.

Thank you for your lovely ratings for my answer, I advice you to consult me through Kaanoon, so that I can go through the messages been sent to you and advice accordingly with that.

with regards

 

Sanjay Baniwal
Advocate, South Delhi
4511 Answers
9 Consultations

5.0 on 5.0

Dear client 

You are not required to appear before court and can turn down there demand. May be your friend committed forgery to get loan and with the aid of bank employee. You just say you have no clue if pan card has been misused neither you have given any guarantee. 

Yogendra Singh Rajawat
Advocate, Jaipur
11289 Answers
11 Consultations

4.6 on 5.0

If your friend has misused your pan card made you guarantor file case against your friend for cheating , criminal breach of trust, forgery 

 

You would  be liable of if you have signed as guarantor 

 

if your friend forged your sigmatire on guarantee dicuments criminal complaint has to be filed by you 

Ajay Sethi
Advocate, Mumbai
63819 Answers
3881 Consultations

5.0 on 5.0

See the person is suggesting you right to file a case against your friend as in case if bank goes for recovery they will make you in party as friend has made you guarantor in loan so you have to contest same therefore register FIR and serve notice to bank also.

Shubham Jhajharia
Advocate, Ahmedabad
17092 Answers
68 Consultations

5.0 on 5.0

Dude, You no need to worry by just giving self attested PAN card copy. If you sign the document as Guarantor, then only you are liable to answer their queries. Just ignore their calls or fix up local lawyer to respond to their calls.

G Suresh
Advocate, Chennai
387 Answers
3 Consultations

4.9 on 5.0

1. If your consent was not taken or you were misled to stand as an guarantor behind your back the same act amounts to cheating and impersonation.

2. So lodge a complaint with local police about such offence so committed pn which basis the police can first register FIR and then arrest the culprit.

3. i wonder whether your signature was also forged or not. If yes then include such allegations in your complaint as well.

4. Registration of FIR is very much essential to save your self from the misdirected liability to repay as an alleged guarantor which you are not.

Devajyoti Barman
Advocate, Kolkata
17130 Answers
246 Consultations

5.0 on 5.0

If you have not signed any documents related to loan, then you can file case against your friend and recovery agent. Since you are already annoyed, if you didn't do anything right now it will be more trouble further.

 

Pramod Shankarappa Dhule
Advocate, Pune
29 Answers

Not rated

Dont go to court

If that person wants he can make an application to court to summon you and file affidavit stating true facts

You can simply write to the bank which gave loan to your friend, that you have not signed any guarantee documents 

Yusuf Rampurawala
Advocate, Mumbai
4161 Answers
19 Consultations

5.0 on 5.0

There is no fault of yours. Let them do whatever they want to. There case will not stand in Court. If you want you can file cheating an forgery case against the bank and friend.

Prashant Nayak
Advocate, Mumbai
10308 Answers
16 Consultations

4.8 on 5.0

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