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chanchal seth (accountant)     22 April 2013

Self cheque encashment

Dear Madam/ Sir , with due respect ,  I , chanchal seth 31/1 c-5 Ranaji enclave part -iii , new delhi -43 state you that on  12.03.2010 ,  a bearer cheque for Rs 19000.00was encashed from my account ( axis bank ltd. )  .Actually cheque book was misplaced and it was  beyond my  knowledge that the same was misplaced  . Some unknown person, found  the same from some where ,  submitted the cheque to bank cashcounter with  forged  signature of mine for the withdrawl   the amount from my saving a/c  , bank without proper verfication passed the cheque and allowed that person to withdraw the amount from my account . After that ,   I  lodged the complaint to police and visited to Axis bank , but no one gave me room  for solving the problem  . after that  I have filed case to Consumer court with out support any  Lawer. Case has been running since 2010 , No solution still come out .  On  25.04.2013 court has given  me date for final hearing . My concern is that bank should have verified my signature but bank had  not done the same . Moreover , on that time Rs.  19180.00 was in my a/c and no body knows about that balance , some where bank people were supposed to involve to  let the unknown person know the balance .  Kindly  give me advice and provide some case in favour of my case , so that i Can produce the matter with some case law before the honourabe court . My  signature was forged and some body copied without my knowledge . I do not know where from  the person  has copied the same . Bank has told me the signature was resembles ,they can not do any thing and it is not their fault  but my opinion is that bank has some reponsibility before passing the cheque .

Please support me and provide some guidence with case law  to my mail ID :chanchalseth@rediffmail.com

Eagerly waiting for the mail

best regards /Chanchal Seth M. No.  9911644924

 



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     18 October 2013

Bank officials no doubt give due diligence while passing the cheques, for passing a cheque, they firstly verify the signature with the specimen signature available with them, due to peak business tension, sometimes it may not be properly verified, however it should be remembered that the bank staff are not handwriting experts to verify each and every aspect of the signature in the cheque while comparing the same with specimen signatures in their possession, hence if it tallies to a satisfactory extent they are right in passing the cheques for payment, I think it is your burden to prove the cheque has been forged and also you have narrate with substantial evidences to prove the circumstances which led to the loss of your cheque book.


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