False case by a guarantor of a loan against bank official
The Police Station has issued a summon through our Controlling Authority stating that the then Branch Manager has to appear in the Police station for investigation of the complaint lodged by a guarantor of a loan in 2012 against the then Branch Manager and 3 others under IPC sections 419, 467, 468 and 471-34. Besides, the loan account status as on date is the account has been settled and closed under OTS Scheme of the Bank in September, 2013.
In this regard, kindly guide me the legal procedure to be followed for appearing before the police station.
Asked in Criminal Law from Pune, Maharashtra
1. Obtain anticipatory bail before appearing in the Police Station lest you are arrested on your appearance.
2. Once bail is secured you cannot be arrested on appearance.
If the summons have been sent to the individual in the capacity of Branch Manager, then it becomes the case against the bank, The panel advocates of the bank will be requisitioned to give a reply notice stating the facts and may be asked to accompany the official to the police station to clear the issue n behalf of the bank and the police may be asked to deal with the issue legally through court If the case is against the individual about his involvement using his official position then, i becomes his duty to visit the police station and give an explanation in writing about what has happened and what were the circumstances prevailing then etc. In any case it would be better to obtain anticipatory bail before the charge sheet is filed to safe guard the interest.
As on date the account is closed,but what was the status of loan at the time of filing the complaint in the year 2012?Is the guarantee mortgaged his property to the bank in that loan ? Whether the mortgage property is released or not after the closing of loan and the documents are released ?
You have a correct and truthful answer,then there is no hope of fear.
The police officer questioned you regarding the loan transactions and mortgage deals as per the complaint.If you feel fear an anticipatory bail may taken soon .