Cheque encashment fraud
Anant Shroff
(Querist) 17 August 2011
This query is : Resolved
I had issued 7 cheques no. 585320 to 585326 for the purpose of car loan and handed over to a person named Manish Kumar,
Of, 202, Shivaji Complex, Britania Chowk., mobile number- +91 9717119106 and landline number: 011-30634074, posing as a representative of Credit Care India Inc, supposedly a Direct Sales Agent (DSA) of State Bank of India (SBI)
On 12th August 2011, 2 cheques out of the above 7 cheques were altered and en-cashed at 2 different branches of HDFC in Delhi.
Cheque number 585320, which was a cancelled cheque when issued by me had been altered to Self for Rs.38,000 and en-cashed at HDFC Branch x; Another cheque Number- 585326, which was originally issued by me for Rs.9752 in favour of SBI Car Loan and crossed account payee was altered to Self for Rs. 48,600 and en-cashed at another HDFC Branch y.
We have examined the cheques which were en-cashed at both the branches and have found them to be tampered with.
1.My original writing with a ball pen has been chemically erased and re written by another person.
2. Also the cheques are faded due to the chemical application.
3. The signatures at the back of the cheques are also fake and do not match with my original signature in the front of the cheques.
4. The fact that the encashment was being done by 3rd party, and the amount of the two cheques put together exceeded 50,000/- (Maximum Limit for intra day, third party cash transaction for non branch)should have prompted the tellers at the 2 branches to have declined the cash payout or they should have made an effort to contact me or the home branch.
The Branch Manager claims that both the cheques is UV passed and hence no alteration is possible.
They also claim that bank has followed the basic procedure and their is no lapse.
I want to know that as the cheques are faded, it should alert the banker and when my signature behind the cheque is forged and is clearly visible (even if it is not required by the bank) the teller should have observed it and stopped the payment.
Please advise how to take it forward
Thank you
ajay sethi
(Expert) 17 August 2011
isisue legal notice file case aginst bank for deficiency of service . please note that you will have to prove signatures have been forged . consult a local lawyer
prabhakar singh
(Expert) 17 August 2011
you are right .you should move against the BANK as well as against Manish Kumar,if you have some proof that those two cheques were handed over to him in connection with car loan .
Anant Shroff
(Querist) 17 August 2011
Manish Kumar is a fraud and is absconding, i have filed an FIR at the police station. I want to know if UV is accurate and detects the alteration on the cheques? Because i believe that it is used only to detect the authenticity of the cheques and read the water marks. I doubt if it can detect chemical alteration on the cheques.
prabhakar singh
(Expert) 17 August 2011
better check with a scientist adept in area of enquiary as i can not speak for sure.
ajay sethi
(Expert) 17 August 2011
when you file a complaint you will have to examine handwriting expert who will testify whether signature has been tampered with .
prabhakar singh
(Expert) 17 August 2011
Mr.Sethi he is seeking opinion on UV
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 August 2011
Forensic examination is not cheap and you have to go through long and long procedure in courts.
Anant Shroff
(Querist) 17 August 2011
For your reference i just found on net the following links that shows how easy it is to wash cheques. The purpose of me writing is also to make people aware of the current fraud in the market.
http://www.ckfraud.org/washing.html
http://celtickane.com/projects/check-washing-project/
http://www.youtube.com/watch?v=2WKBaZKiBSc
The west has already protected itself from these frauds by using safety features like chemical voids, void pantograph, high resolution micro prinitng, security inks to detect chemical application.
We must be aware to protect ourselves.
Guest
(Expert) 22 August 2011
Dear Anant,
In banks normally every employee is not aware of the UV (Ultraviolet) system and its utility and application in full. That may be due to lack of training or negligence on their part. They normally apply UV to detect tampering of bank's bar code only at the lower part of the cheques. Naturally, the bar code would not have been tampered in your cheques.
So in your case, they would not have checked the whole parts of the cheques, including tampering of crossing and drawee name. They could have considered any light change in ink of the cheque as of slight water spilling effect.
Another drawback is that banks normally do not have an integretated UV system seamlessly into their back-office for verification purposes, as once the counter clerk applies the UV system, none of the supervisors try to verify tampering effect on the cheques by applying another UV system. They pass the cheque after verification of the signature of the drawer (not the payee) once the cheque comes to them.
So, if they apply the UV system carefully, tampering of your cheques could well have come to light.
However, there are some organic materials that prove to be blockers and absorbers of UV light and may not detect any alteration in that case. Some such ingredients that absorb UVA/UVB rays, such as avobenzone and octyl methoxycinnamate, are known as absorbers. They are contrasted with physical "blockers" of UV radiation such as titanium dioxide and zinc oxide.
However, if such an incident has happened to you, besides taking some effective steps to protect your interest, you may better need to alert the common public also to be aware of such type of cheaters, like Mr. Manish, by approaching media and newspapers. Once the news appears, the bank would also have to verify for the wrong done by the bank staff in your case.
Anant Shroff
(Querist) 11 November 2011
Dear All,
I wanted to thank you all for yr inputs. I would like to inform that i have been reimbursed by the bank for the lost amount.
Thank you so much to take out time and assist me through this unfortunate event.
Regards
Anant
