What to do if chequebook stolen and presented for payment
Anjali Arya
(Querist) 21 February 2012
This query is : Resolved
4 days ago, there was a deal taking place regarding a matter.
During the negotiations, chequebook was taken out by me for payment. But the other party refused to take cheque and asked for cash only. Finally cash was paid and a receipt was written by payee that he has received the payment in cash.
Unfortunately I forgot about the cheque book at that time and today got information from Bank that a cheque has been dishonoured.
Whole cheque book was unsigned and crossed.
What shall I do in addition to Stop Payment ?
Whether shall I file a FIR and against whom ? What charges ?
Anjali Arya
(Querist) 21 February 2012
Dear Sir,
one cheque (from the lost chequebook) has already been presented for payment, with fake signature. When I visited the bank today, they told me about this.
I have given stop payment request.
Should I file a FIR ?
Rajeev Kumar
(Expert) 21 February 2012
File a FIR in the Police station and inform the bank for lost chequebook and make request to stop payment.
Deepak Nair
(Expert) 21 February 2012
since the cheques were unsigned, then there is less risk.
You have done the right move by stopping the payments of the entire cheque book.
It is advisable to file an FIR or at least a General diary with the police for safer side, as the signature may be forged on the cheque and may be presented again.
Sankaranarayanan
(Expert) 21 February 2012
First file a compaint in police station with all details and where you drouped the cheque book and what relation was with him. More over with that compaint receipt from Poice station should bbe furnished with stop payment letter with full details to the concern bank
adv. rajeev ( rajoo )
(Expert) 21 February 2012
when there is no sign on the cheque leafs you dont have to worry.
Kirti Kar Tripathi
(Expert) 21 February 2012
Have you given any information to police, if not immediately lodge a FIR for loss of cheque book and simultaneously inform the concerned Bank. Since, you have not singed any cheque, there is no harm.
V R SHROFF
(Expert) 21 February 2012
"when there is no sign on the cheque leafs you dont have to worry."
This is not correct
see United Coomercial Bank Vs Mahendra Popatlal Vora CPJ 83 (NC) : If Bank pays the Cheque with forged Signature [Say copied from Agreement] & looks similar, Bank is not Liable. Ac Holder looses his Money.
SC also ruled, bank Employee are not hand writing Experts. It is not their Negligence, so the A/c Holder is negligent not to take care of his Cheque Book.
So if crossed cheque is deposited by someone, file FIR,against depositor
Also file FIR for stolen cheque book, at particular place with time., on same name .
Inform Bank to stop payment with copy to Police.
V R SHROFF
(Expert) 21 February 2012
I agree with JSDN: AS FAR AS GENUINENESS OF THIS CASE IS CONCERNED.
Anjali Arya
(Querist) 21 February 2012
Thanks to all for guiding me.
However, I am unable to find, why JSDN and V R Shroff are doubting the genuineness of my case.
When I have paid in cash and I have the Receipt from recepient (for payment in cash). And no cheque was drawn by me under the agreement.
What is unreal in this ?
Raj Kumar Makkad
(Expert) 21 February 2012
There is no question of doubt on the part of any expert. Shroff has tried to tell you the legal provisions applicable in such cases. If you ignore those provisions, you shall be ultimate sufferer so nothing is wrong in telling you legal aspects connected with your case.
It is now your turn to immediately file a police complaint against the depositor under section 420/467/468/471 IPC and ensure registration of case against him by any way.
Deepak Nair
(Expert) 22 February 2012
Please note that if they initiate any legal action against you, then they have to prove that you are liable to pay them certain amount of money, failing whih the case will be dismissed.
Thus, in case any case is initiated, you can prove that there is no liability on your part by producing the receipt.
Anjali Arya
(Querist) 22 February 2012
Speacial Thanks to Raj Kumar Sir & Deepak Nair Sir alongwith others.
I have visited the Bank today. The Bank told me that that cheque was returned unpaid since the signature didnot match.
Today I have filed complaint for loss of chequebook in Police Station. They refused to register a FIR, since I didn't had any proof against anyone.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 February 2012
