limitation period
pradeep
(Querist) 16 January 2011
This query is : Resolved
i was guarantor to a person for bank loan. he didin't goive revival letter after three years. bank forged our signature, and made duplicate revival letter. Filed case. can the bank be sued?
Advocate. Arunagiri
(Expert) 16 January 2011
If you have the proof for forgery you can give a police complaint.
Raj Kumar Makkad
(Expert) 16 January 2011
You first prove the forgery of the bank officials in the ongoing case by way of positive evidence like signature expert opinion etc. and falsify bank's case on this ground then file police complaint.
Devajyoti Barman
(Expert) 17 January 2011
Yes file a case against the Bank for committing forgery.
malipeddi jaggarao
(Expert) 17 January 2011
How can you say that bank forged your signatures? One way is the principal debtor (your friend) has given revival letter within three years. How do you know this? Bank obtains lot of documents from the borrowers at the time of sanctioning loans and many do sign without looking into what they are signing. You are the guarantor in the account. Guarantor's limitation is three years from the date of recalling the advance served on him. So either the document is forged or not forged your liability is within limitation. Examine the revival documents filed by the Bank in the court and come to a conclusion that they are forged. If they are really forged you can take necessary steps as suggested by the experts as above.
malipeddi jaggarao
(Expert) 17 January 2011
Please read the second sentence (your friend) has given... it should be read as.....
(your friend) has not given....
Amit Minocha
(Expert) 17 January 2011
seek a letter / copy from bank and then file the complaint.
pradeep
(Querist) 20 January 2011
thank you sirs,
I have procured copy of forged revival letter from bank, through court.
thanks a lot
G. ARAVINTHAN
(Expert) 22 January 2011
You have to file criminal case against the banker for commission of fraud. Even as a remedy in Court, you can file application under Sec 340 of Cr.P.C
