Cheque was worngly credited to my a.c by reputed bank
arunan
(Querist) 05 January 2015
This query is : Resolved
A reputed bank credited cheque to my ac that belongs to some1.
Bank has given compliant in police station by saying "by mistake" the bank has credited
Police ppl gave notice saying under section 420 34th ipc has filed case and invited for enquiry
i replied to SI of station, police commissioner via registered post and directed them to file a suit in court since bank had created OD account with out consent of me
Now police has given 2nd notice to attend enquiry else action will be taken its seems
according to "Negotiable instruments act"
Cheque transactions cant be reversed and in this scenario bank has committed mistake and no protection to bank now wat should i do now
Devajyoti Barman
(Expert) 06 January 2015
There is no harm to meet police and cooperate with the investigation It is your duty rather.
Isaac Gabriel
(Expert) 06 January 2015
You have not stated whether amount wrongly credited to your account withdrwn by you mistake.If so consult the bank officials and close the matter out of court/police.It is only clerical error for which you have to cooperate if it was inadvertently withdrawn.
arunan
(Querist) 06 January 2015
bank has committed mistake since in cheque transaction the account payee name is clearly mentioned no protection to consumer?
Guest
(Expert) 06 January 2015
Mr. Arunan,
Your query seems to contain half baked facts, as you have not mentioned --
1) Whether the cheque of someone else contained your name or account No. for the purpose of deposit?
2) Whether you have already withdran the amount so credited wrongly in to your account? If so, with what intention?
YOU MAY FURTHER LIKE TO REPLY my following queries with particular reference to your statement, "in cheque transaction the account payee name is clearly mentioned no protection to consumer."
1) If cheque is not drawn in your name as the payee or with your account No. for the purpose of credit to your account, can you maintain on behalf of the bank, "no protection to consumer," if the bank has committed mistake in crediting the amount to your account? Even bank cannot put forward such a plea, if the mistake is solely on the part of the bank officials.
2) With reference to your statement, "Cheque transactions can't be reversed," if credit has been made by mistake in to your account, under which section of the NI Act you can seek protection, when the cheque was not presumably drawn in your name or not intended to be credited to your account No.?
3) If the amount was not meant to be transferred to your name/ account, should that be a net loss to the remitter and a bonanza for you by invoking the provision of, "no protection to consumer"?
4) If you have already withdrawn the amount, what can be your defence to put forth that the amount was not withdrawn with the intention of cheating and dishonesty?
5) By not cooperating with the police in its investigation and directing them to file a suit in court since bank had created OD account with out your consent, would that not be an open chllenge to the law and order maintaining and investigating agency to do whatever they like?
6) If the OD account has been created to afford wrong credit, not due to you, do you consider that to be a strong defence to conceal the offence of section 420/34 on the part of yourself and the bank? Mind it, opening of OD is quite a minor lapse and separate issue than the case u/s 420/34.
7) Also, why do you suppose that the police would launch a case for and on behalf of you just for opening of OD account by the bank, when they already have a complaint of criminal offence against you? If you like, you can file a separate complaint against the bank for opening of OD account without your consent to be investigated separately.
HOPE, WITH ALL YOUR HONESTY, YOU WOULD LIKE TO REPLY ALL OF MY QUERIES.
Guest
(Expert) 06 January 2015
Well Advised by All the Above Experts.The Author Should Follow the same and avoid Problems in Future.
arunan
(Querist) 06 January 2015
Thank you for replies Sir
The fact is bank credited a certain amount to my account which with drawn after 1week bank officials said it was cheque transcation by human error worngly credited to my account were the cheque belongs to some 1.
The intention of holding money is bank officials mishandling public funds,
Later stages they have filled a case in police station
2. bank by itself only credited money its sole bank officials mistake
3 Y should i return back money that is credited to my account. Before crediting the care must have taken
Guest
(Expert) 06 January 2015
You can not Justify your Self The Amount was Wrongly Credited to your account by Error and You have No Right to Misuse the Same.Your Justification with out apologise could lead you to Committing a Crimminal Offence.Sort it out amicably and if you are not in a position to Reimburse the same Immediately Plead them To give some Reasonable Time For the Same.Try to Close the Issue amicably.
ajay sethi
(Expert) 06 January 2015
the money did not belong to you . hence you have to return money which was wrongly deposited in your account . if you fail to do so criminal case of cheating would be lodged against you
Guest
(Expert) 06 January 2015
Mr. Arunan,
If section 34 is also being invoked that means the complaint has been made by the remitter against both of you and the bank, not by the bank against you. Section 34 pertains to "Acts done by several persons in furtherance of common intention." Several persons mean bank official and you, not merely yourself.
About your question, "Y should i return back money that is credited to my account," that rests on your own wisdom, if you really want to face an unwarranted criminal case against you, along with the bank.
You may better try to bear in mind that no human being can claim to be perfect in himself. Unintentional human errors cannot be avoided in day to day working. If you try not to return back the money, the police would be free to treat your intention as intentional and the case can very easily go against you.
arunan
(Querist) 06 January 2015
K Sir i shall consider d advice.
The police notice is stating that complaint is given by sbi bank manager,
I had transferred that money to my friends, they have also been charged for same thing
So no punishment for bank employee mishandling the public fund if i had returned money none would have projected this case to public the fashion how bank created problem to its customers
Guest
(Expert) 06 January 2015
Bank would certainly Accept that there was an Error in their Side by giving a wrong Credit to your a/c. You had misused the same.What Else?
arunan
(Querist) 06 January 2015
what could be a alternative when this matter goes to court i feel court shall find guilty on bank mis handling customer rights and harassing the consumers for there mis behaviours
ajay sethi
(Expert) 06 January 2015
it is bonafide mistake on part of bank . make amends while you can or be ready to go to jail
Anirudh
(Expert) 06 January 2015
Dear Mr. Arunan,
I do not know whether you read Sec. 34 of the IPC.
It says that "When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone."
In the instant case, probably without understanding the implications, you are repeatedly saying that it was the mistake of the bank. Agreed it was the mistake of the bank.
But, instead of saying so, a complaint has been lodged by the Bank and the same has been registered u/s. 420 and 34 IPC to the effect that the official of the bank, you and your friends to whom you transferred the funds, have done criminal act with a common intention! Which you call as a mistake by the bank stands treated as a "criminal act with common intention by all of you".
Unlike other cases, in the given situation, everything can be established beyond an iota of doubt. You cannot deny that certain sum was credited to your account (by mistake of bank or not is not the question here); it is also a fact that you transferred that amount to your friends.
What more is required for the court conclude that an offence u/s. 34 has been committed by all of you?
I hope you appreciate and understand the situation and also the fact that it is not a civil matter any more, it has attained a criminal character.
Guest
(Expert) 06 January 2015
Sufficiently given precious advice by experts. It now depends solely at your sweet will in which spirit you take the advice of experts after weighing the pros & cons of the issue.
However, you may like to take a caution, if the case is proved against you that may attract jail term extending up to seven years for the crime.
Isaac Gabriel
(Expert) 06 January 2015
The bank would have contacted the account holder immediately on knowing the mistake for correcting the same,and only because of the non-cooperation of the accont holder,police intervention would have been resorted to.So,it is the prerogative of the account holder to reverse the wrong entry.But arguing to realise the situation and avoid unnecessary negative approach is uncalled for.I hope you'd understand the sentiments expressed by the experts and move forward.
arunan
(Querist) 06 January 2015
If i remit the amount back to back to the account were overdraft was created will it further lead to any issues. or shall v return the money to SI of station.
Kindly inform a proper procedure to return money
what is gurantee that further the bank, police will stop this issue.
Bank may ask us to serve the interest etc charges
arunan
(Querist) 06 January 2015
If a post sent to worng address will it return back to owner
will the police support me if i do such human error in bank will bank or police support me in getting back the money
Anirudh
(Expert) 06 January 2015
When the Criminal case starts, you ask these counter questions and you will get the appropriate answers.
Dr J C Vashista
(Expert) 06 January 2015
It is amply clear from the post that you have cheated the bank in connievance with "some" bank official,hence be mently prepared to enjoy jail term which may extend to 7 years.
It would be better to manage an amicable settlement with the bank as well as the defrauded account holder (the actual receipant of the cheque amount).
arunan
(Querist) 06 January 2015
bank was dishonest to both of its customers if law say i committed mistake i ll bear the reward for it thank you for best advices
i had filed a case in consumer court regarding this suit. i shall show police those proof
RAJU O.F.,
(Expert) 07 January 2015
If you have enjoyed the money inadvertently credited to your account, better return that money, to save further problems. There were instances of terrorists transfer huge amount in several lakhs to unknown persons' accounts presumably for criminal purposes. If anybody receive such credits immediately report to the bank and also to the police for further investigation, without enjoying such money; otherwise they would face great trouble.
krishna mohan
(Expert) 07 January 2015
Well clarified by experts on the law position. Having agreed that money not belong to you, respond to police enquiry and make a settlement in writing to debit your account for the wrong transfer. If any interest is claimed you can respond appropriately. No point in wasting your time for a wrong cause, knowingly.
Biswanath Roy
(Expert) 09 January 2015
Normally when any Bank wrongly credited any amount to some other's account inadvertently and treat such credited amount as overdraft to that account just to put the liabilities upon the account holder and the recipient account holder withdraws overdraft amount or any part of it then it does not attract any criminal liabilities because of absence of mens-rea. But in all fairness such receipts ought to be returned to the Banker. However,Sec.420IPC does not attract in this case and for filing complaint u/s420IPC to police against the recipient account holder the Banker is liable to face defamatory charges whereby damage and compensation also attracts. The criminal charges against you is liable to be quashed in the High Court.
T. Kalaiselvan, Advocate
(Expert) 09 January 2015
There is no use of so many experts sparing their valuable time to share their opinions to the author who is adamant to not listen to anybody's opinion and suggestion.
Biswanath Roy
(Expert) 09 January 2015
@ Learned Mr. Kalaiselvan,
We are rendering services to the querists as expert lawyers. The querist may not express himself properly but it is our duty to understand his main grievance which we shall have to deal with by application of our legal knowledge and experiences. In this particular query some substantial and just grievance is present which was not dealt with its proper perspective that is why opinions were not up to his satisfaction. So he might be reluctant to agree with certain opinions and for that we cannot blame the querist as a stubborn person.
malipeddi jaggarao
(Expert) 12 January 2015
It is true that unless mens-rea is attributed, such acts of withdrawal of wrong credit in the account will not attract criminal action. The practice is when such wrong credit comes into light, the bank will reverse it immediately if the balance is available. If there is no balance, the bank has to reimburse the amount to the real owner of the funds by debiting their suspense account and take-up the matter for recovery from the person whose account is wrongly credited. If recovery is difficult, the bank take the concerned employee/s who is/are responsible for such wrong credit into task and do not hesitate to initiate disciplinary action if need be. Simultaneously, it will initiate correspondence with the wrong account holder to make good of the money by giving reasonable time. If it could not recover in reasonable time, it may serve a legal notice and then file a civil suit for recovery. Of course, if mens-rea is proved, or if the bank suspects fraud in collusion with the bank employees (in-house frausters), it has got the right to file a criminal complaint against the account-holder and its own employees.
Hence I agree with the views of learned expert Shri Biswanath Roy in this matter. The author wants to throw the blame on the bank and does not wish to return the money, which is wrong. He can take reasonable time and return the money, otherwise face the civil legal proceedings, but not the liable for criminal action in ordinary course.
T. Kalaiselvan, Advocate
(Expert) 12 January 2015
Respected senior learned Mr. Roy sir, I insisted that he author appears to unwilling to listen to the advises of the experts here instead he is trying to impress that he is on the right path and the bank has erred intentionally for which he cannot be held responsible. The point is that the money wrongly credited to his account is not his funds or it does not belongs to him, therefore it becomes his duty to return the same atleast when he was made known about it, if this simple logic and reasoning is not accepted then the intention of the author appears to be unreasonable and unjustified.
Biswanath Roy
(Expert) 12 January 2015
From different posts of the author it transpires that the Bank credited a sum (cheque or cash not mentioned also by way of transfer or clearing not mentioned) in the author's account allegedly as human error. Secondly such error was detected by the Banker after a lapse of 7 days(week), Thirdly,the amount wrongly credited was withdrawn by a third party from author's account.Fourthly, when the Bank detected such error committed by them they neglected to inform the author for such wrong credit and did not request him to return back the amount.
Now the question arises as follows :-
1. In present days Bank's transactions are fully computerized hence, plea of human error cannot be sustained.
2. When the Bank follows daily balance system how such wrong posting was detected after a lapse of seven days?
3. The Banker is merely the custodian of money of their account holders therefore, as a custodian they have no right to misuse or squandered away the money of the account holder in any manner whatsoever.
4. Why the Bank neglected to intimate such incident to the author that an amount was wrongly credited in his account? Instead why they rushed to the police station to file a complaint against the author u/s.420IPC/34.
5. In absence of any inducement and mens-rea how the Bank can proceed with to prove offences committed by the author u/s420/34IPC?
6. It is not a fact that the author is denying to refund the amount so credited but in absence of any demand by the Bank how the author can refund out of his own?
7. The Bank is liable to bear the legal liabilities and appropriate punishment for filing a false complaint in the police station against the author and further the complainant Banker is liable for Damages and compensation as per law.
Anirudh
(Expert) 12 January 2015
1. Yes because it is computerised, even if one digit in the account number is wrongly typed, the entry will go to a wrong account. Therefore it is not correct to say that plea of human error cannot be sustained.
2. Even if the Bank follows hourly balancing system, still the mistake cannot be detected unless the person who has made the deposit makes a complaint that the amount deposited by him has not been credited to the account to which it has to be credited. This is because, once it credits the deposited amount to any account (whether correct account number or wrong account number) the balancing of debit and credit will take place. Therefore it would not come to light unless there is a complaint.
3. It is preposterous to suggest that by crediting the amount wrongly to an unintended account, the Banker has misused or squandered away any money of the account holder. In fact, the banker is liable and obliged to make good the account to the true depositor and definitely the bank has done it. Therefore there is no misuse or sqaundering.
4. As already indicated in point 2 above, only when the bank comes to know that there was wrong credit, it will intimate the account holder about the wrong credit and not any time earlier. This seems to have been done by the bank. It was only when the account holder was not co-operating and playing truant that the bank had to file the complaint with the police station. It is the police authorities who have invoked Sec. 420IPC/34 and not the bank.
5. It is the police which will prosecute the case based on bank's complaint - whether the prosecution will succeed or not is completely another matter - but cannot be questioned at this stage. If the charge is wrong or unsustainable, the account holder who got wrong credit will challenge the same.
6. As already indicated, the author has refused to oblige the bank by refunding the amount which was credited to his account.
7. There is no false complaint from the bank. The amount stood wrongly credited by the Bank is a fact. The bank has demanded the money from the account holder is a fact. The account holder refused to refund the money is also a fact. Therefore, the bank cannot be said to have made any false complaint. In the given circumstances, to expect the bank to be liable for any damages is completely out of question. One can try and see the fate of their move.
Biswanath Roy
(Expert) 13 January 2015
I differ to the following points, namely,-
1. It is not a simple clerical mistake. It is an "error de personna" i.e., an error about the person's identity. At the time of crediting any account Bank's clerk scrutinizes (a) the name of the account holder including its spelling, (b) date of the cheque/cash voucher, (c) whether amount in figure and words are same,similar and identical,and Account number. Therefor, the apprehended proposition of dropping a digit stands fallacious. Under such circumstances the Bank has no room left to save their skin from any legal liabilities that or those may arise therefrom and the author cannot be a scapegoat for such sheer callousness of the Bank.
2. The Bank has cross checking system through mother Computer to detect the crediting and debiting of all accounts and correct calculation of interest accrued by the account holders which checks up every day by the Branch Manager himself. Therefore the logic of getting information from the account holder for not crediting any deposits in his account stands fallacious.
3. The Bank as a custodian of the account holder acted as misuser in as much as they abuse their right or office, as a result of which the person having the right might lose it.
4. From the given facts of the author it transpires that Bank lodged an F.I.R in the Police station against the author that he cheated the Bank otherwise how police out of their own could able to register the case u/420IPC/34. Therefore, Bank cannot save their skin from legal liabilities for filing a false complaint against the author.
5. Speculation of action futuro is irrelevant now but on the basis of police summon the author can seek redress from the court of law complaining unnecessary harassment by the police in connivance with the Bank and joining hands with each other.
6. It appears from the posts made by the author that he wants to know the proper procedure to return the money wrongly credited in his account as he is apprehending some more mischief may be cooked up by the police joining hands with the Bank. Therefore, it cannot be said that the author has refused to oblige the Bank by refunding the amount which was credited to his account. This is totally an incorrect finding.
7. From the given facts by the author no where it was written that the Bank demanded the money wrongly credited to the account of the author instead it appears the Bank rushed to the police station abruptly for filing a complaint against the author. No, it is not a fact that the author refused to refund the money to the Bank as allegedly claimed.
Anirudh
(Expert) 13 January 2015
It is the two sides arguing on the issue, perfectly understandable.
All said and done, the account holder whose account got wrongly credited has to appear before the Court, and defend himself, and in the process first spend money, waste time etc. etc.
Whether he can claim damages / compensation etc., from the Bank would be a subsequent story.
Biswanath Roy
(Expert) 13 January 2015
Existence of life itself depends upon spending money to survive.
In my view the author is legally entitle to damages and compensation if he can prove that he is being harassed due to false allegation of the Bank that sufficiently encroached upon / infringed and interfered with his Legal, Fundamental and constitutional right and denied natural justice ( substantial in nature.)
Guest
(Expert) 13 January 2015
Well Advised by Senior Expert Mr.Biswanath Roy.
Biswanath Roy
(Expert) 13 January 2015
Thanks for your appreciation my dear young brother
Anirudh
(Expert) 13 January 2015
If that is the understanding of the Author of the query as well that one has to spend money to first defend oneself in the case that had been launched; and again for bringing a case against the bank with uncertain results, I have no qualms. Perfectly OK.
Guest
(Expert) 13 January 2015
Kind of you Mr.Biswanath Roy Ji.
arunan
(Querist) 13 January 2015
I had also sent to FILE a fir on bank manager to DC,SI stating the act by bank has caused a 420 case by police which has spoiled job career, the police notice was served 5days earlier to my SBI associates PO exam which i droped by not writing since same bank
malipeddi jaggarao
(Expert) 13 January 2015
Mr.Arunan - You are coming with full facts. You are simply harping on the human error committed by the Bank. Any way you used the money. Though you are not disclosing, the Bank might have made all its efforts to recover the money from you, but because of the adamant attitude, it is forced file a complaint against you - it cannot decide on its own under which sections the FIR is to be filed, police people booked FIR under 420 & 34. Bank has every right to recover the money wrongly credited to your account. In is another matter that bank may initiate action against its own employees, for which you are no way concerned.
Better strike a amicable settlement asking for instalments to repay the used money, without interest and come out of the case. It is true, because of your attitude, the police may not leave you, even if you repay the amount, but at least you have a ground to say. There is no point on harping on the wrong point, throwing the blame on others. You are responsible for your acts, not for the others acts.
T. Kalaiselvan, Advocate
(Expert) 13 January 2015
It may appear good for the sake of argument, but I still reiterate that the author is responsible to return the amount wrongly credited to his account because it does not belong to him. This may bring an end to the ongoing crisis and embarrassing situation.
Biswanath Roy
(Expert) 13 January 2015
In the present situation you orally request the Bank to issue a demand letter to you for refund of money wrongly credited to your account and on receipt the same you make part payment (if you are not in a position to pay the entire credited amount at a time) and pray for installment payment month by month to prove your bonafide in the matter and further request the Bank to withdraw their complaint to police station against you in writing and to serve a carbon copy thereof to you for your knowledge and thus close the chapter amicably.
Anirudh
(Expert) 13 January 2015
I am amazed at this sudden volte-face and reconciliatory approach! This is what had been suggested by other experts all along. Any way, all is well that ends well.
Biswanath Roy
(Expert) 14 January 2015
Four days ago I advised the author "But in all fairness such receipts ought to be returned to the Banker." Therefore, the remark "sudden volta-face and reconciliatory approach" is not applicable in my performance. If any utterly foolish reader makes such comment on me what can I do.
arunan
(Querist) 17 January 2015
V attended police inquiry bank official said i as technical error in oral in front of SI, in letter stated as human error. If there is technical error then its deficiency in service of bank.
police has recorded our statements and FIR registred now the case has gone to court bank is justify its mistake v demanded the punishment to the bank of mishandling public money and causing problems
Wat could be the further move and verdict could be?
Biswanath Roy
(Expert) 17 January 2015
To fructify your intention you are in need of service of a Senior Counsel who has technical knowledge in banking services, manual practice, and all square knowledge in law.
P. Venu
(Expert) 17 January 2015
What is the amount involved? Is it substantial or just a small change?
Guest
(Expert) 17 January 2015
Mr. Arunan,
Technical error, human error or deficiency in service has no relevance when you have a strong desire to pick up a fight with your bank. There is no use of stretching the thread of your post quite extensively without any purpose, when you don't care for the advice of the experts, who have rendered so far more than sufficient advice to you.
This is not a trial court, where you are presenting your arguments to save you from returning the amount of some other person, which has landed erroneously in to your account.
Further, your question, "Wat could be the further move and verdict could be" is quite irrelevant to ask, as except your vague arguments, neither you want to discuss your case in detail with some local lawyer with reference to the case history and related documents, nor the experts here are the astrologers to predict and foretell you what could be further move and verdict.
Even if you think that this is a case of deficiency in service, deficiency in service is definitely not in your case, rather, it is in the case of that gentleman, whose funds the bank has landed in your account erroneously and must be repenting for their mistake. Needless to emphasize, you should not be worried about deficiency in service meted out to that fellow, as he can be expected to take cudgels, himself, against the bank without your help, may that be against you also. Suppose, that fellow files a case of 420 and criminal conspiracy against the bank involving you also as one of the connivers to swallow his funds, how you would like to tackle that situation? Certainly, non-return of money by you can prove his allegation beyond any doubt.
arunan
(Querist) 17 January 2015
k Shri PS Dhingra, i will stop. thanking you!
As a common poor man i shall try to fi8 this case. when bank not ready to say it ll take action against the employee for mishandling being a professional
then bank will keep repeating such mistakes and black mail threat the common man
Biswanath Roy
(Expert) 17 January 2015
@Learned Mr. Dhingra,
It transpires from the various posts made by the author are altogether different than that of the views of experts of this portal. Summing up the views of the author what I could understand is that the author wants to give some sort of punishment to the clerk of the Bank for his fault that caused harassment to the innocent and unnecessarily made him scapegoat and for such purpose he is ready to spend money to meet costs and court expenses instead of refunding the credited money to close the chapter. Hence,we have nothing to opine.
Guest
(Expert) 18 January 2015
Respected Biswanath ji,
Thanks for your deep summation. I also understand what the querist wanted to satisfy himself (rather, his ego). If he wants to punish the employee, I am also not in favour sparing such an erring employee for doing disservice to the public. But he cannot act as a Disciplinary Authority for the employee. Probably, he does not know that in each organisation there is a sturdy inbuilt system of punishing erring employees for their serious mistakes and even termination of service may be in store for that erring employee.
My sincere effort to alert him was that he should also not remain unaware of the consequences of his own hardened attitude, as much more troubles can be in store for him also, which may cause him loss of image, money and undue waste of time on his part, but he does not want to realise. Since the advice of experts was absolutely free advice for him, he could not guess the value of that advice, which even on payment, he could not get.
Of course, if he has sufficient time and money to waste, he is quite free to act as per his own pre-conceived intentions.
But, when he has decided not to adhere any advice of the experts, what is the use of his stretching the thread unduly long in just discussing the day-to-day proceedings of the police investigation, like what reason or plea was afforded by the bank officials during investigation. If he feels that there is a deficiency in service, he can file a case before the consumer forum, irrespective of and without waiting for the result of the police investigation.
In fact, the real sufferer, who has lost the money, can also take the case of wrong deposit in to his account, as an extraordinarily favourable service (not deficiency in service) to the querist by providing him with his funds for misuse on account of some criminal conspiracy between him and the bank official.
I can only wish him the best of luck.
arunan
(Querist) 18 January 2015
Now SI called saying get bail B4they file FIR, even though v said v have not done cheat v ll pay money only when punishment to employee of the bank.
Biswanath Roy
(Expert) 18 January 2015
Take Anticipatory Bail although sec.420 IPC is not applicable in your case.
