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Waiting period to file a civil case pursuant to cheque bounce

Dear Hari,

Upon the execution of a criminal case related to a bounced cheque, if the fine is paid and the criminal case is disposed of, can the bank automatically file a civil case thereafter or would there be a time frame for it?

Regards,

WH

Al Nassar Advocates & Legal Consultants
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30 Apr 2019, 06:25

Dear Sir,

Thank you for reaching out to me on this.

Please note that the bank can file a civil case even without bouncing the cheque since the outstanding arise from a loan/ credit card agreement.

The cheque bounced is merely security and gives a separate cause of action i.e. filing of a criminal case.

However, the bank can immediately file a civil case using the judgement of a criminal case and the documentation relating to loan/ card which you executed with the bank.

I trust this resolves your query.

Regards,

Hari Wadhwana

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