Legal Question in Criminal Law in India
sir:
1. i got aquittal in trial court, in a cheque bounce case - the case was dismissed as judge got convinced that the cheque was not presented to drawer bank within the 6-month time period
2. but at the trial process the bank manager has stated without sufficient knowledge that the cheque has reached within time; unfortunately the memo stated 'funds insufficient' instead of 'stale cheque' and i guess he simply based his opinion on that memo
3. in appeal court, the judge has relied on bank manager oral statement and convicted me. i was shocked and compromised for 9.0 lk for just 2.5 lk cheque to avoid jail
4. As THE BANK MANAGER irresponsible answer is responsible for my pain and financial loss.......
question: (1) i want to file case against THE BANK MANAGER (ICICI BANK) and file recovery from him. Is this legal option available to me?
(2) Can the compromise offer be exploited to such an extent in NI act? i paid 3.6 times the amount.
1 Answer from Attorneys
ask the bank in writing about the query vis a vi the stale cheque. once you have their answer in writing you can complain against the bank to RBI and also appeal against the order of conviction you can also claim damages
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