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bank account

(Querist) 29 November 2008 This query is : Resolved 
Dear Sir,

We have given payment to my family member
every month by cheque for 3 years.
It was entered in our pass book as debit
column and maximum time cheque number was written and 2 times his account number and one time his name was written in our pass book.
Now, He is denying the payment received
by him in the court and the account number is not belong to him.
Could you please advice us whether we get any letter from the Bank to confirm the name and account number ?
I confirm The account number which we mentioned was belonged to him.
bhagwant (Expert) 29 November 2008
Query-1 For what u were giving money to your family members.
Query-2 Who has given u that particular Account No.
It doesn’t matter what how transaction is mentioned in your passbook, as the said record is more specifically maintained by Banking authorities, and the fact of non existence of account and transaction is not denied. Therefore procedure of transaction is not material, u will have to bring on record that the said account number is owned by him, or he fraudulently given u fake number, or he has made some transaction respectively debiting amount from alleged account.
So far as bank authorities are concern u can examine them, and call the record, in respect of account holder, address proof, nominees, identification signature, specimen signature, u can also send his withdrawal sleeps, signatures to handwritings experts. Create evidence for holding account by him.
bhagwant (Expert) 29 November 2008
bhagwant (Expert) 29 November 2008
K.C.Suresh (Expert) 30 November 2008
You can file an appilcation/petition to cause the production of the bank documants related to the account of the opposite party. It will have to be allowed.
A. A. JOSE (Expert) 01 December 2008
Bank Pass Books and other Banking records are valid evidence. The course of actions suggested herein above are to be adopted.
RAKHI BUDHIRAJA ADVOCATE (Expert) 03 December 2008
I do agree with Mr. Suresh n Mr. Jose.
arunprakaash.m. (Expert) 04 December 2008
under bankers book of evidence act banker is liabe to give evidence.


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