India  |  Banking Law

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11/14/09, 8:26 am

Legal Question


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


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11/14/09, 8:44 am

Legal Answer


Bank can file complaint.

Seshadri Srinivasan

www.lawconcern.com 7A Queens Court 130 Montieth Road Egmore Chennai Chennai,india, NUS 600008

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11/14/09, 10:53 am

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

RAJIV GUPTA

(Cell: +91 9811284735) lawnrajiv@gmail.com Kar Vai Legal Solutions, Founder, 359, Western Wing, Tis Hazari Courts Delhi, India., 110054

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11/14/09, 9:48 pm

Legal Answer


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.

J. Radhakrishnan

independent Practice Priya Mahaall, New 27, Old 12/3, Deivasigamani Street Chennai, NUS 600014

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