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Pritesh Shah   06 January 2016

Criminal case after 9 years

I would like to know whether a criminal case can be registered after a period of 9 years or so.

1. On complaining to police the opposition party- employees of co operative bank have registered false statements differing from the written documents. I have repeatedly informed the police about the same but no action has been taken by the police.

2. A co operative bank has withdrawn an amount of Rs. 33000/- from my account with that bank without my knowledge, without any signed instrument like cheque etc.of mine. Bank says that they have wrongly deposited the amount in my account and on realising the mistake they have withdrawn the amount of Rs. 33000/-.

On informing/complaining to the police about the same, police said that , this is civil matter, and does not come under jurisdiction of police.

I would like to know whether I can approach the court for registering criminal case against the employees of co operative bank and co operative bank itself? 

 



Learning

 4 Replies

Sidharth   06 January 2016

You should complain to banking ombudsman. 

It will help you to resolve your problem speedily. 

Pritesh Shah   06 January 2016

Thank you for your reply.

I have complained to RBI also with all the required documents, even this co operative bank has changed and decreased rate of interest, according to the Banking Regulation Act a bank can not change and decrease the rate of interest , but RBI says that 'this matter does not come under RBI's jurisdiction. This is the matter between you and the co operative bank'.

B.N.Raja Mohamed (ADVOCATE)     11 January 2016

Sir,

This is a clear case for invoking the provisions of banking regulation act and the reserve bank of india act . You first move the manager of the bank through a written representation. If he doesnot respond send representation to the banking ombudsman of the reserve bank of india of your state and to the regional director of the reserve bank ofindia of your state. If it doesnot work out. Then finally invoke the writ jurissdiction of the high court seeking a writ of mandamus directing the resrve bank of india to issue suitable directions under section 35A The Banking Regulation Act to the concerned bank .  

Pritesh Shah   12 January 2016

Thank you very much Sir.


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