Criminal petition
Advocate M J
(Querist) 28 January 2017
This query is : Resolved
GOOD DAY RESPECTED JURY,
My client had fled a complaint in 2014 in the police station against the bank U/s.192,463,464,468, 470 & 471 since the bank has given a computer generated which was manipulated in which the bank had charged rs.10 lakhs more than the amount actual to be paid. my client tried to sort out the matter with the bank who has become very arrogant & wants my client to pay 10 lakhs extra more than the amount actual to be paid. CAN I FILE CRIMINAL WRIT AGAINST THE BANK WITH A DIRECTION TO THE POLICE TO INVESTIGATE & FILE A CHARGE SHEET AGAINST THE BANK BASING ON THE COMPLAINT FILED BY MY CLIENT. PLEASE ADVICE
TKS
MJ
R.K Nanda
(Expert) 29 January 2017
better file application in concerned court so that court give directions to bank to file statement of account duly attested and signed by its manager as per bankers book of evidence act, in court.
R.K Nanda
(Expert) 29 January 2017
you being an advocate very well know that Writ petition is the last remedy.
R.K Nanda
(Expert) 29 January 2017
computer generated unsigned statement of account of customer filed by bank in court, is not admissible in evidence in court.
Rajendra K Goyal
(Expert) 30 January 2017
In the court account statement certified as per Bankers Book of evidence is admissible.
Whether the entry is manual in the statement or the changes made in computer generated figures?
If a loan is classified as NPA, interest / expenses application on the account is suspended, however Bank does not loose the right to claim interest and borrower is liable to pay such interest.
Whether the amount shown as fraud is such item ?
Whether the Bank is PSU or of private sector?
In the given facts, agree with the expert R.K. Nanda.
Rajendra K Goyal
(Expert) 30 January 2017
Repeated query:
http://www.lawyersclubindia.com/experts/U-s-482-of-ipc-630181.asp
