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JAYAPRAKASH (Manager)     05 November 2011

Self cheque

What are the obligations of the bank if any body present a self cheque. One of my cheque leaf lost and somebody presented it in the bank with a forged signature. The payment wsa to "SELF" and a person submitted it to the bank and withdrawn the money. The cashier was aware that, the man submitted is not the account holder. When checked with the Bank manager, he is telling that they have the authority to do so. Is it correct? Please answer.



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 17 Replies

RAJU O.F., (Advocate)     05 November 2011

If it was a bearer cheque, without crossing, bank is justified in making payment across the counter.

1 Like

JAYAPRAKASH (Manager)     05 November 2011

Thaks. since the cheque leaf was lost, it was not crossed.

adv. rajeev ( rajoo ) (practicing advocate)     05 November 2011

When self cheque is issued, banker will tke the signature of the person who withdraws the money on the back side of the cheque leaf, some banker will pay the money even though it is self to toher person who present it for the encashment.

JAYAPRAKASH (Manager)     05 November 2011

Is there any RBI guidelines regarding It ? The signature in the cheque was not original. It was forged and it was clear in a single look. The bank issued the money with out checking it in detail. Is it possible to sue the bank for their ignorence?

RAJU O.F., (Advocate)     05 November 2011

If the signature of the drawer of the cheque is genuine, bank will be justified.  If it was forged, you may file criminal complaint.

1 Like

JAYAPRAKASH (Manager)     05 November 2011

Is it reqired to give pettion in Police station or i can file a case with the court through an Advocate?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 November 2011

Law is a double edged sword , if the custody of the cheque has gone through you and you signatures are there than you can also be implecated for harrassment to others .

JAYAPRAKASH (Manager)     05 November 2011

Since the signature is not mine how it will be an harassment?

Surendra Gupta (Banker)     06 November 2011

If the signatures on the cheque are forged, the bank can not debit your account with the amount of the cheque. Since the cheque is with your bank, you can informally ask for see and satisfy yourself that the signatures on th cheque are not yours. If the signatures are not yours, make a written request to the bank for crediting back the amount of the cheque in your account and if the bank does so, your problem is solved and the bank will take action for recovery of the amount by lodging FIR

JAVED AHMED (Sr. Relationship Manager)     06 November 2011

brother if this incident has been nearest days then u wrigt oral application to the branch manager of incident and cross veryfi your sign and writing and it is not possib by beting cheque some on sign and take money, And who took that chque hi sign that parfect mean he is very nearst one of you and he know ur sign . then u ask the detail to the branch manager if ur sign is realy forged the in bank there is cctv footag u can requst for that i know if huge amont they wil help. af the cheque order chequ the minmum 15000 they can give and if more then they need to take any identiti of that person

raj kumar ji (LAW STUDENT )     08 December 2011

i agree with gupta sir and also javed sir .

sanjay kumar (BE/ LLM in Corporate Laws)     12 December 2011

The Cheque is payable to "Self" or a third party or the "bearer". If the cheque is crossed, the payment will be on account-to-account basis only. If it is not, the cheque can be paid to the "Bearer" also. If the word "bearer" has been struck off, the Bank has to first ascertain the identity of "self" or third party, as the case may be. Otherwise not.

As regards, your signature, somebody has forged it with the connivance of the Bank insider. Now if the signature is reasonably similar i.e. it cant be distinguished at first-look of normal eye-sight, and the cheque can also be paid to the bearer, there is not much room left for you.

Therefore, the lost leaf of the cheque must be reported immediately to the Bank in writing and acknowledgement obtained so that the Bank authorities can block the payment against that particular cheque leaf and there is no mischief at lower level.

JAYAPRAKASH (Manager)     19 April 2012

Sir,

The signature is entirely different, even with naked eyes. I had approched Banking ombudsman for sorting out the issue. But initially BO entertained the complaint. Meanwhile bank approched the police and managed to get a letter stating that the investigation is underway and subsiquently BO informed that the complaint is not maintainable stating the rules of BO Scheme 2006. But the police is not doing any investigation, eventhough i personnely enquired and got some evidence about the culprit and the same i reported them.

The police complaint is given by bank on the back ground of my complaint. I am thinking to give writ in the high court against the BO since the complaint had been given by the bank.

Please guide me.

RAJU O.F., (Advocate)     20 April 2012

It was negligence on the part of the bank in having paid cheque amount with a forged cheque of entirely different signature.  Considering the amount involved you have to decide as to whether further proceedings are worth it.


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