Legal Question in Credit and Debt Law in India
Threating to file IPC 420 against personal loan due
Dear Sir,
I have couble of personal loans with one of leading bank in india. Since last 2 and half years I am paying the EMI regurlary. Due to financial crisis I am not able to pay the current month's EMI. So, The bank has me an email threating the file IPC 420 by loading criminal complain if I dont pay amount within 24 hrs. So I would like to know that can bank actually file a IPC 420 criminal compain? What should I do if they file a compain.
2 Answers from Attorneys
Re: Threating to file IPC 420 against personal loan due
They cannnot file until prove your intention or wrong statment.But they can only attach or sale your propety.
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Re: Threating to file IPC 420 against personal loan due
You may consider an amicable out of court settlement; the bank lodge a case against you if they have sufficient facts;
you may consider filing for insolvency if you are unable to meet your liability.