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vaibhav   03 April 2025

Suit/ case after 10 years

Dear Sir/Madam,

Request you to guide in this.

Facts

  1. A freind of mine Pharmacist by profession has bank A/C in XYZ bank.
  2. Had ample amount in his a/c 
  3. Check issued by him from said a/c got bounced alomst 26 times reason saying deficient amount of cash 
  4. Last check bounce was in 2015 with same reason
  5. My freind visited said branch and confronted bank authority with all transection detials confirming there was enough amount still bank was not passing checks issued 
  6. Bank authorities gave in writing that mistake was from their end 
  7. Due tho check bounce cibil score of my friend got very low and he was not able to claim loan for his business
  8. By than due to all this harresment my friend got mentally disturbed and was kept in mental hospital for almost 2 years and  than after on medications till date .
  9. Now he is almost fine and wants to file case on said bank

Query :

      1. Can he file case now or is there any limitation period for same 

      2. Appropriate authority to file case 

 

                                                                Thanks & Regards 



 4 Replies

R.K Nanda (Advocate)     03 April 2025

1.limitation  to file case against bank  is 3 years from the date of admission of mistake by bank authorities. 

2.file suit in civil court against bank.

T. Kalaiselvan, Advocate (Advocate)     03 April 2025

It depends on what case he wants to file against the Bank.

If he plans to lodge a criminal complaint then he can explain the reasons for delay in filing this case and it is subject to the discretion of court to permit him or reject his complaint.

Dr. J C Vashista (Advocate )     04 April 2025

A complaint for dishonoured cheque is to be filed in terms of Section 138 / 142 of the Negotiable Instruments Act, 1881, wherein time frame is prescribed.

The case for recovery can be filed within 3 years of dishonour, there after it is barred by limitation.

What were you doing since the year 2015, when you came to know about dishonour of cheque ?

The facts posted are contradictory and unbelievable, prima facie hypothetical and academic exercise.

Real Soul.... (LEGAL)     04 April 2025

You file suit for damages but prior to that issue a legal notice for the loss or bussiness and damae to your repute


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