Legal Question in Criminal Law in India

Dear criminal law experts ,I have a query regarding one of my credit card for which I failed to make payment after some time .
Inspite of judgement from honourable chennai high court & supreme court that no criminal case can be registered in the matter of credit card .Various lower courts are registering complaints and forwarding it for investigation to concerned police station .All these things are happening to safeguard the interest of the bank and even police is acting as a recovery agent for the bank and harassing the accused .
Please suggest what remedy can be taken in such cases as they are putting non bailable charges to harass the accused .

Asked on 5/09/12, 9:48 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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10.05.2012

Dear Sir / Madam,

As per the Negotiable Instruments Act, 1938 a credit card is similar to a cheque and non-payment of dues for benefits availed on the card, is a punishable criminal offence liable to imprisonment.

If you are wrongly billed for any goods or services, which is highly unlikely, raise the issue with the bank. Otherwise, quickly settle your genuine outstanding dues without any delay. Surrender your credit card to the bank for cancellation if you are unable to manage your funds and are going overboard. Resort to cash dealings only.

You can mail me for any further on-line advice at [email protected]

Regards,

Answered on 5/10/12, 8:26 am

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