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lawyers friend (na)     06 September 2008

can i file case????

sir can i file case against bank:

1. in year of DEC,2005.bank collection officer came at my place and stole my brothers debit card and withdrawn 15,000.00 rs.that moment i not file compliant with police and after saying sorry by senior official of bank i just let him go....in god faith.

2.i deposited one d.d. of rs 50,000.00 with bank for my credit card payment in 2005. (and i have bank collection receipt with me)after several latter's to bank bank still not reflect that amount in my credit card account.

i not take ant step against bank and his official in good-faith now this bank files case against me(u/s 420,406 cr.p.c and civil 37 c.p.c).now can i sue bank.


Learning

 6 Replies

MANISH (Advocate)     06 September 2008

Dear Mr. Vikas,


 


First of all you reply taht whether both the problems of yours are connected together or not. now let us treat both your problems are separate :


 


1. For first problem of yours, The very first thing you have to note, that by taking money from the debit card, one has to use the ATM, and the bank is having records for some time, that on which date, from which number who took the amount. for taking the money from ATM, one has to know the password, which is believed that only the owner is knowing the password, the next thing, is that at that time you have to lodge the complaint in the police station. If your card was forcibly taken by the bank, then the case may be registered even for dacoity, robbery, extortion, or any other section best suited to your case, remember a case under section 503 or 506 may also be registered if he feared you for making some harm. If he entered into your house forcefully, then you may also book him for house trespassing, etc.


 


The next important thing to note is that what is the harm made to you, if no harm then it is upto you to lodge the criminal complaint or not. but it is advisable to do so at the earliest possible opportunity.


 


2.Now let us talk about your second problem. If the bank does not show such amount in your account, then you may report to the bank, and if it does not do so, then lodge a consumer complaint by filing the documents from the bank from which you made the draft, as the draft itself shows that it is being made in whose favour. furthermore, you may lodge a criminal complaint to the police (not FIR ) specially stating, that the same act, may be exploited by the bank at any time in future.


Now here I would also like to suggest that the court in which the bank has filed a criminal case under section 406, 420 of IPC against you, you may file an application under section 340 CrPC in the same court against the bank, and may prove your case in the same court.


 


 


 


Your sincerely,\


 


MANISH , Advocate.

N.K.Assumi (Advocate)     07 September 2008

This is very interesting episode and am also watching the development with keen attention with the way Manish is leading the case.

lawyers friend (na)     07 September 2008

Sir if I go and take action this question will not raised way you come and launch this compliant after so long time .


Sir for my criminal cases (u/s 420,406) and civil cases (order 37 c.p.c) all respected lawyers say go and file set off claim and counter claim. How can it possible sir.

 


MANISH (Advocate)     10 September 2008

Dear Mr. Bansal,


As per your problems regarding case under section 406 and 420 is concerned, you may go through it, and protest it, and bring the exact factual position before the court.  further you may apply for a writ as well as remedy under section 482 of Cr P C and may got it quashed in the High Court.


Now regarding you problem in order 37.  You may certainly go for set - off and counter claim, alongwith your WS, against the bank.  the provisions regarding for the same is provided in Order VIII.


BYE.

prof s c pratihar ( urologist &legal studies)     16 September 2008

sir ,


             i am yet to believe why you waited so long. you recd .correct advice  and you must keep proof with you . law peers proof ,nothing else

lawyers friend (na)     16 September 2008

Sir,


I am waiting because I don't want heart any one. even he done wrong with me but now bank file case against me....and my lawyer not able to guide me and help me properly....that's why I looking for this kind of thing........I only looking for bank step back withdrawn case against me, ready for settlement for a reasonable amount with given me some time.


I want to save my self don't want heart any one sir.


I am really worried and confused sir.


 


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