Legal Question in Criminal Law in India

I had inserted an advertisement on Quikr.com seeking a personal loan of 2 lakhs on September 17, 2012 (Copy of ad-payment receipt attached). We were seeking a loan from private sources as in spite of having an excellent CIBIL score and repayment track record no bank was ready to fund me � the reason being that I am employed with an �unlisted, sole-proprietorship�.

On Friday, 16 November 2012, while I was on official work in Jaipur (at Hotel Vesta Maurya Palace), I received an email (Hard copy attached)

�Message: Contact Mr.Raj @ 9738425167 for Personal Loans upto Rs.25,00,000/- in 24 Hours. Mobile: 9738425167 Email: [email protected]�

I called the so called Mr. Raj Kumar on his Aircel number 9738425167 from my prepaid BSNL mobile number +919483330864 at about 1315 hours on 16th November. Mr. Raj claimed to be a DSA of GR Financiers, a Hyderabad based private financed company with their Bangalore office being in R.T. Nagar. He further said that they provide finance upto 25 lakhs, depending on the applicant�s profile at flat interest rate of 12% per annum with a maximum repayment period of 10 years.

Mr. Raj promised to meet me at my residence after my return to Bangalore.

I returned to Bangalore on Sunday 18th November 2012 and tried reaching Mr. Raj. He responded by sending an sms asking me to email all my documents to his mail id [email protected] . I emailed all my documents from my gmail id [email protected] at 1204 hours (hard copy of email attached).

Mr Raj told me on 20th November 2012 that I was eligible to get a loan of 9 lakhs.

He went on to say that he would come to my residence on 22nd November to fill in the application form.

Mr. Raj came to our house on Thursday 22 November at about 2 pm � He made me fill the loan application form purportedly of GR Financiers � At this point, Mr Raj said that his service charges would be 5% of the sanctioned loan amount i.e. Rs.45,000/- which had to be paid to him when he hands over

the loan disbursement cheque � to this both me and my wife said we would pay him the service charge only on realisation of the loan cheque. Mr Raj said this was not possible as many customers had �cheated� him by not paying the charges. We were very firm on our stand and told him not to process the loan in case this is not acceptable to him. Mr. Raj then said that he would get us a Demand Draft / Bankers Cheque � we agreed to pay him the service charges if he gets us a Demand Draft / Bankers Cheque as promised by him.

We further told him that this being the month end, we would be able to pay the money only on 3rd December after my salary is credited. Mr Raj said that was fine by him and he would hand over the Demand Draft / Bankers Cheque on 3rd December. He also said that he would get us the loan agreement the next day i.e. 23rd November.

When I called Mr. Raj on 23rd November he claimed to be extremely busy and said he would meet me on Tuesday 27th November. I told him that I was travelling again on work this time to Pune on 27th and would return only on 1st December. Mr. Raj said he would get the Loan Agreement on 2nd December. He also asked me to call him on 28th November.

I tried calling Mr. Raj on Wednesday 28 November � he said the loan sanctioned was only 2.5 lakhs and would I be interested to go ahead � when I replied in the affirmative, he told me to call me the next day.

When I again tried calling him on Thursday 29 November, I did not get any reply � I sent him an sms requesting him to call back � I got an sms reply � �this is his wife, please call him on 9739822152. When I called him on the Vodafone number 9739822152, he said I had been sanctioned 2.5 lakhs and he already had the DD ready with him.

On my return to Bangalore on 1st December, I tried calling Mr. Raj repeatedly.

Finally on Monday 3rd December I got an sms from him at about 6 pm : �Today I will definitely handover u sir. Pls wait.�

He called me at about at about 8 pm on Monday 3rd December requesting me to come to 4th Block Jayanagar as he was meeting another customer there. Me and my wife reached the Cafe Coffee Day by 845 pm and Mr Raj made me sign the Loan Agreement, collected 6 cheques of Rs.6,666/- each the same being the first 6 emis. I was somewhat surprised so I asked him why only 6 cheques � he said this being a private financier they don�t prefer ECS and as customers find it difficult to arrange the required 60 cheques at one go they collect 6 cheques. He further said he would collect

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another 6 cheques in January and so on. He also handed over a Bankers Cheque No. 521384 dated 29/11/2012 for an amount of Rs.2,48,265=00 (Rupees Two Lakh Forty Eight Thousand Sixty Five Only) purportedly issued by the Indira Nagar branch of Bank of Baroda. He said Rs.735/- had been deducted as processing charges. When asked how come the Bankers Cheque is issued by BOB/Indiranagar Mr Raj asserted that GR Financiers had an account with the said branch. When I said I would like to meet the Financiers he asked us to call him the next day and come to his offce Fin Corp in Netkallapa circle- he also messaged me the address which was accidentally deleted by me.

I withdrew cash from my Axis bank salary account and handed over Rs.12,500/- the same being the 5% service charge to Mr. Raj. As it was raining heavily and my 82 year old mother was alone at home we were in a hurry to reach home. On Monday 4th December morning I deposited the Bankers Cheque in my Savings Bank account maintained with Corporation Bank Banshankari Branch, - On 5th December I was surprised to see the status in my net banking showing as �Sent to State Bank of Mysore for clearing� � when I contacted my bank they said it could be an error on part of the clearing house. Finally on the evening on 5th December I was informed that the instrument had been returned as it was �Wrongly Delivered/Not Drawn on us�.

I requested Corporation Bank to resend the Bankers Cheque for clearance to Bank of Baroda � the Bank did the needful on 6th December. However, on 8th December I was shocked to learn that the Bankers Cheque given to me by Mr. Raj was a forged on.

What sort of Legal action can I take ? Can the bank take any action against me ?

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