Civil Procedure Code (CPC)

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Siddanagouda Patil   18 December 2020

N I Act

a person borrowed loan from co-op Bank later he issued a cheque in favour of bank,but it was dishonored, can bank file complaint against borrower under N I Act. some colleagues told that bank can't file complaint under the said Act. is it right?

 5 Replies

Pradipta Nath (Advocate)     18 December 2020

Bank can file the case.

Siddanagouda Patil   18 December 2020

Sir,please inbox me if there is any ruling of SC or Karnataka high court. I have to produce the same in argument.

G.L.N. Prasad (Retired employee.)     19 December 2020

When the bank is itself a payee, and there is no such bar legally, and when the procedure is being adopted in hundreds of cases every day, no such citation is necessary.  There is no such judgment so far that bars the bank alone against filing such complaints.  Contact any local bank that is engaged in financing consumable durables or credit cards.  

P. Venu (Advocate)     19 December 2020

Yes, it is a well settled issue. A settled issue does not require any citation in support!

Dr J C Vashista (Lawyer)     21 December 2020

There is no bar / restriction on Cooperative Bank for initiation of complaint u/s 138 of the NI Act.

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