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RAHUL KHATRI (SELF)     18 July 2013

Liability of bank

Cheque books and some other documents were stolen and promptly an NCR was filed with the concerned Police Station.

A Copy of the NCR was also submitted to the concerned bank with instruction to stop payment and to initimate the account holder if any of the stlen cheques was presented for clearing.

A case was presented after 6 months and the bank returned the same stating "Insufficient Balance". I am also confident that the signatures were forged but this was also not noticed by the bank. Subsequently a case was filed U/s 138 NI and i had to appear and take bail and participate.

Now, since the bank was informed about the loss of cheque and still they chose to clear the same despite it having questionable signatues, what recourse do i have against the bank??

Any advice will be greatly appreciated.

regards

 

Rahul



Learning

 2 Replies

Setu Niket (Advocate)     18 July 2013

Use the NCR in criminal court for trial.

Initiate action for deficiency in service against the Bank.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 July 2013

Who filed the case under NIA-138? Do you know the person? Do you owe him the money stated in the cheque? If the cheque was forged you can make criminal complaint to the police against the person who filed the 138 case against you as well as the Bank. Section 138 does not apply to amounts of cheques, which you do not owe to the person. Some person in the bank must be colluding with the alleged drawee of the cheque.


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