Legal Question in Criminal Law in India

Reg: loan on the basis of post dated cheques as well as undertaking from employer

A loan on the basis of post dated cheques as well as undertaking from employer of borrower(govt. servant) was taken, if post dated cheques bounced on their dates, amount equal to cheque will be deducted from the salary of employee/borrower and sent to creditor.

At the time of disbursing loan to borrower, on the back side of undertaking of his employer, it was got written in the handwriting of the borrower that undertaking was given by Mr. A (name of the person who has given the undertaking) who is authorized to given such undertaking.

Now the 3rd cheque of instalment was bounced, when contacted to borrower, no satisfactory answer was given, when his attention was drawn towards sending undertaking to his employer, the borrowed told to do whatever you like, amount would be given whenever I like. On this, undertaking was sent to Employer of borrower to get deducted the amount of the cheque from the salary of employee/borrower and send it to creditor as promised in your undertaking.

After 2 or 3 days of sending undertaking, the borrower came to creditor and paid whole amount of loan and got No dues Certificate as well as all his original documents back including the undertaking of employer.

Afterwards, a letter came from his employer that the undertaking seems to be forged and matter is under investigation. You should recover your loan amount at your level.

Afterwards, a letter again came from employer seeking some clarifications regarding undertaking and asking to send a copy attested by gazetted officer, that letter was replied by the creditor that as our amount was got back, we do not require any further proceeding and Original undertaking has been hand over to borrower.

Now my queries are: 1. whether creditor should deliver all original documents including that Original Undertaking when amount is fully repaid or not?

2. Is there any liability on the part of the creditor now?

3. Now what should creditor do if any further enquiry come from the Employer?

2 Answers from Attorneys

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