Legal Question in Banking Law in India

I Have Saving A/c and in the same branch also one Loan A/c. The bank has taken blank cheques of my above saving a/c. from me at the time of loan. can bank dishnour my cheques and file complaint u/s.138 when cheque is of them and also given to them against loan installment. pl. guide is there any authority of bom. high court or suprm. court


Asked on 11/14/09, 8:26 am

3 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

Bank can file complaint.

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Answered on 11/14/09, 8:44 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, the bank is at liberty to initiate proceedings u/s 138 NI Act

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Answered on 11/14/09, 10:53 am
J. Radhakrishnan independent Practice

The Bank as payee of the cheques can file a complaint. But whether they will go in for that is a moot question. As far as we know , there is no case law in which the drawee bank itself has filed the complaint.

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Answered on 11/14/09, 9:48 pm


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