Raju 09 July 2018

Time limit for filing civil suit on bank in cheque forgery

Hi, What is the time limit to file civil suit on Bank who had misappropriated my money by issuing ChequeBook to a 3rd person without my knowledge and also let him withdraw money (About 10 Lakhs) with forged signatures. This happened due to negligence of Bank officials.

06/06/2015 - ChequeBook issued (Without my knowledge)

14/06/2015 - Withdraw money based on Forged cheque (First)

02/07/2015 - Continued Withdraw money based on Forged cheque (Fifth time)

05/07/2015 - I noticed/realised and complained to the Bank that money is missing

02/09/2015 - Bank confirmed that this was Fraud and registered FIR

06/07/2016 - FSL report came that the Cheques were indeed forged

My quesion is when will be the start of time limit for filing civil suit (Is it 06/06/2015 or 02/09/2015). Kindly help advise.

Thank you

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5 Replies

Chandrashekhar Vithal Jadhav & (Advocate) 09 July 2018

civil suit has to file recovery of money against bank or any other person other than Government from the date of incident within 3 years For Government 30 years. In your matter 3 years, actually your cause of action was started 06-06-2015, but it was continued till 06-07-2016. the cause of action will continued next three years to file case. But you don't wait, immediately to file case. All the best.

Adv Deepak Joshi +917017821512 (Advocate) 09 July 2018

What have you done from 2015?

When first time you came to know about cheque book issued without your request what you did?

Feel free to cal for any help 9456777600

Raju 09 July 2018

Thank you all for your information.

@Deepak, I had complained to RBI Banking Ombudsman but they closed the complaint citing Clause 13 (c) that requires investigation/documentation. I approached the Bank (AndhraBank) with the FSL report but they said the Police should finish investigation and send them report inorder to take action. The Police have been negligent and not yet filed ChargeSheet.

This is why I was contemplating to file Civil Suit

Raju 09 July 2018

Dear ChandraSekhar, Does that mean I have 3 years from 06/06/2015 or 06/07/2016? If it was former I have already passed the 3 years limit. Please advice.