• Recovery of money in bank fraud

I was working in schedule bank as a junior clerk. A fraud happened and both criminal and civil proceedings started. I am alone defendant and accused in the case and no others are there. Now, the question about limitation because the last date of transaction was more than three years but the bank say that the date of detection is considered. Further if decree happened then for appeal in high court do I deposit court fee and what is the quantum.
Asked 7 years ago in Civil Law

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6 Answers

1) bank is correct that in respect of fraud period of limitation for filing suit would be period of 3 years from date of discovery of fraud

2) for filing appeal you don have to deposit substantial court fees . only nominal fees would be payable

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

The bank is correct in saying that date on which fraud is being detected has to be considered. Be that as it may, you can always appeal an adverse decree, which may be admitted by the court on the condition of depositing a substantial part of the amount with the registrar of the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

the burden of proof of fraud is upon prosection

2) prosecution has to prove its case beyond reasonable doubt

3) rely upon fact that you did not have any power to sanction loan

4) it is necessary to peruse evidence on record to advise further

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You may have to pay half the court fee to that of the court fee paid by the plaintiff in the original suit, towards the court fee for preferring the intended appeal

The limitation will be computed from the detection of fraud and not from the date of fraud.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

case is in argument stage, handwriting expert is not examined, witnesses only two examined were not worked with me anytime, more than two hundred questioned documents but only ten were examined by expert. proved that no signing power, dd issue power,loan sanctioning power,no proof of key handling by me. what steps for aguments

The contradictions found in the statements of witnesses and the prosecution's inability to prove the case beyond doubt shall be strength to yor argument and may analyse other factors to add to your arguments including any settled judgments favoring your situation.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

How can we decide what would be the arguments when we have not perused the case documents? Do not ask for answers to such impracticable queries. Consult your lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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