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kishore kumar   01 April 2019

In 138 case,can victims approach bank to get accused address?

In 138 case ,if accused absconded, not traceable, warrants coming back In such situation can victim approach accused account holder's bank to find his permanent address or introducer to know about his whereabouts?


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 1 Replies

Aryan Raj   12 February 2022

Dear Kishore,

In Shankarlal Agarwalla v. State Bank of India AIR 1987 Cal 29, the Hon’ble Calcutta High Court stated- 

"It is an implied term of a banker's contract with a customer that the banker will not disclose to third parties, without the customer's express or implied consent, either the state of the customer's account, any of his transactions with the bank, or any information relating to the customer acquired through the keeping of his account, unless the banker is compelled to do so by a Court order, or the circumstances give rise to a public duty of disclosure."

Therefore if you need his address for a 138 case and you have the orders from the court then the bank will be compelled to give you the concerned details. 

Regards,

Aryan Raj 


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