Legal Question in Criminal Law in India

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 in year of DEC,2005.bank collection officer came at my place and stole my brothers debit card and withdrawn 15,000.00 rs.that moment i not file compliant with police and after saying sorry by senior official of bank i just let him go....in god faith.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

Asked on 9/06/08, 5:05 pm

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

0 users found helpful

0 attorneys agreed

Re: Can i file case????

Yes you can sue the bank

Answered on 9/12/08, 5:28 am

Mark as helpful

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

0 users found helpful

0 attorneys agreed

Re: Can i file case????

You may file a counter-claim against the Bank, if you have receipts for the payments made but the payments were not reflected on the credit side of your statements.

the case under 420/406 is different than 37 CPC - both cannot be together as one case; there ought to be two different cases.

Please re-write your facts clearly in chronological order.

You first need to defend yourself in the cases filed by the Bank; and you will be entitled to use all evidence you possess against the bank; but there is no evidence with you, the Bank may obtain a decree against you.

You should be very careful in your decisions and action in defending this litigation to avoid any harm.

Answered on 9/06/08, 6:33 pm

Mark as helpful

Vijay Chandavale Advocate Vijay Chandavale & Associates

0 users found helpful

0 attorneys agreed

Re: Can i file case????

you can sue but your contentions would have been accepted and would be strong if u could have filed the case before the bank . Now it would be presumed that u r doing so to counter the action of bank

Answered on 9/07/08, 1:06 am

Mark as helpful