Monday, 2 October 2017

Court accepts Complaint Directs Registration of FIR against Religare Finvest and CITIFINANCE

The Metropolitan Magistrate, Saket Court recently allowed the complaint of an individual under Section 156(3) of the Code of Criminal Procedure, 1973 and directed the Ambedkar Nagar Police Station, Delhi to register FIR and start investigation in allegations of forgery against Religare Finvest Limited (“Religare”) and Citifinance Consumer Finance Limited (“Citifinance”).

By way of facts, the father of the Complainant had procured a loan from Citifinance sometime in the year 2007, however subsequently the said loan was assigned by Citifinance in favour of Religare. Interestingly, the loan was procured only by the father of the Complainant; was signed by the father of the Complainant and the loan amount was disbursed in favour of the father of the complainant. While procuring the loan collateral was offered and which as such belonged to the father. Thereafter, Certain disputes arose between the father of the Complainant and Religare.

After lapse of couple of years, the Complainant received summons from the District Courts in Delhi wherein allegations were made that the Complainant procured loan from Citifinance as a co-borrower and failed to repay the same.  It was only then that the Complainant became aware that the signatures of the Complainant were forged on the loan documents, which as such was only signed by the father of the Complainant.

The Complainant approached the local police, however, could not get the FIR registered. Eventually having failed after following all possible procedures, the Complainant approached the Court of Metropolitan Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973 inter alia seeking directions to the effect that an FIR be lodged against the concerned employees of Religare and Citifinance for committing the offence of forgery. The Court while hearing called for Action Taken Report from the concerned police station.

After hearing extensive arguments and rejecting the reasons cited by the investigating agency for not registering an FIR, the Court accepted the application filed by the Complainant and directed registration of FIR.

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