Bank matter about cheque
Shobhit srivastava
(Querist) 27 May 2016
This query is : Resolved
Hello sir,
I am a branch manager in bank but i have no experience of banking.
Please help me in following matter:
Sir we have a current account in our branch named xyz traders. The proprietor deposited a cheque in our branch amounting 2.5 lacs. After cheque collection a party deposited a cheque of xyz traders amounting rs. 235000 (account payee)which was in the name of abc traders. proprietor of abc traders is big brother of prop of xyz traders. Now proprietor of xyz traders claims that he has not given any cheque to abc traders. Now he is sending emails to my head office again and again claiming the above.
Signatures and everything is perfect and totally matched.
Now please tell me that stand of proprietor of xyz traders is genuine or it is void. And what should be the branch managers stand on the same and what should i do?
Please help i am in a big tension due to less experience.
Kumar Doab
(Expert) 27 May 2016
The matter shall be taken up by your legal cell.
The cheque if not given and if signature are forged then the matter attains flavors of fraud.
If you are not involved, then why should you be worried.
S Raut (Forensic Expert : IFS)
(Expert) 28 May 2016
You can approach forensic handwriting expert to check genuineness of the signatures which will help you for next legal action.
SAINATH DEVALLA
(Expert) 28 May 2016
I presume both the brothers are hand in glove in the transaction.When the signature is verified and found genuine then only the cheque is passed.When U R not involved with the transaction U need not worry.What is the stand of the person who encashed the cheque?
P. Venu
(Expert) 28 May 2016
When you and/or your colleagues have acted according to the procedure, the matter may be reported and explained to the management.
Kumar Doab
(Expert) 28 May 2016
You have posted that:
"Now he is sending emails to my head office again and again claiming the above."
Have you been asked to reply?
Have you replied?
It has already been posted that:
"The matter shall be taken up by your legal cell.
The cheque if not given and if signature are forged then the matter attains flavors of fraud.
If you are not involved, then why should you be worried."
Rajendra K Goyal
(Expert) 28 May 2016
Whether the cheque pertains from the cheque book issued to XYZ?
Whether the firm had informed regarding loss of cheque to bank already?
If it is proved signatures are forged, Bank may be held liable.
What the ABC saying in the matter?
Both the brothers may be having hands in gloves. You can meet both brothers and clearly should inform that if FIR is lodged on the basis of complaint of XYZ, matter would be dealt by police, and brother can be in trouble.
Shobhit srivastava
(Querist) 28 May 2016
Sir thankyou all. And proprietor of abc traders is in favour of bank. He is saying that he will do everything in favour of bank he can give anything in written as bank suggest him.
Shobhit srivastava
(Querist) 28 May 2016
Then what should we take in writing from abc traders so that in future claim of xyz traders never stand. And one thing signatures and cheque issued is genuine.
SAINATH DEVALLA
(Expert) 29 May 2016
U have not mentioned the fate of the transaction with Ur head office.What is the response of the Bank's legal staff?
RAVI K GOUD
(Expert) 30 May 2016
Mr. Shobit,
Why You are unnecessarily scared of the things. As XYZ is your account holder and got issued a account payee cheque in favour of ABC, then as a procedure you are duty bound to honor the cheque if the cheque issued is genuine and signatures are matching with your records. If it is contrary to the above then you got to return the cheque unpaid. Its your authoritative power to take the decision either way.
In your case now, there is no need to speak with ABC or XYZ if you have followed the correct procedure.If any damage/wrong happened to XYZ then it has to give a complaint to the branch manager where it is having the account to have clarification regarding the problem. Then only you are supposed to reply or answer for the problem. If the problem is not solved at the branch level then they can take up the matter to the higher ups.
If the matter is with the higher ups and your explanation is called for then you explain the issue how it is happened. As far your intentions and acts are genuine and correct then you need not worry about the issue.
Unnecessarily you do not involve in the issue or with parties in such a case it may lead to some other problem.
So think twice before you take a leap.
Do not worry and sleep happily....
Rajendra K Goyal
(Expert) 30 May 2016
It seems that the author preferred to keep mum on the questions asked.
RAVI K GOUD
(Expert) 31 May 2016
I hope so..., Mr. Goyal.
Kumar Doab
(Expert) 31 May 2016
In that case the status of thread may be changed to Resolved/Closed.
Shobhit srivastava
(Querist) 31 May 2016
Sir
Today my RM called me for clarification and he told me "तुम झूठ बोल रहे हो" on this matter . I was shocked that what is he saying. Everything he has checked and satisfied on the matter that branch staff is neither involved nor any forgery is there then why he is blaming me.
Really today i realize that management of this bank is not for staff.
Sir after all RM has send clarification for closure of matter.
Thanks all.
T. Kalaiselvan, Advocate
(Expert) 31 May 2016
You have not confirmed that whether the matter has been closed or not.
As other experts opined,you may not worry if you are not involved in any scam as reported by the account holder.
P. Venu
(Expert) 01 June 2016
It is better if the alleged admonition "तुम झूठ बोल रहे हो" is brought on record. No authority, however high, do not have the standing to make such wild allegations.
Kumar Doab
(Expert) 01 June 2016
You have posted that:
"after all RM has send clarification for closure of matter"
Download the print it ASAP.
It is believed that you are transacting on internal emails/intranet thru internal servers of the Bank.
Later you may not get it.
Bring it on record and download/print each transaction.
Mr. Venu has also advised you on the matter.
Hope you can read between the lines.
Obtain a written concurrence from the party that has affirmed to be on your side.
If party has already written to bank, download.
Apparently the game has just started.
Firm up your next venture and exit without any blot on you.
Obtain clear relieving documents with positive comments (avoid without comments/adverse comments).
If the need be write to let you examine your personnel files.
Write under proper acknowledgment.
