Rs 12 lakhCheque cleared by bank without proper verification

Querist : Anonymous (Querist) 02 January 2010 This query is : Resolved
Dear Sir, need your expert opinior. Rs 12 lakh NRE cheque sent from Oman to Ahmedabad, fradulantly pilfered on the way and encahsed in mumbai - khopar khairan branch. account of same name opened without verification and adequate documentation. also cheque altered for clearence but colecitng bank accepted it and paying bank debited my account and my account debited. When brought to notice of banks neigher Paying bank or collecting bank not accepting responsibility or responidng.
What are the responsibilited of paying bank, collecting bank, negotiable instrument act, banking law for openign of new account? need urgent help from banking laws expert? can you take my case?

Follow Query

Report Abuse

adv. rajeev ( rajoo ) (Expert) 02 January 2010
issue legal notice to the cillecting and accepting bank and file a criminal case against both the bank managers and person who has withdrawn the amount illegally,
It is the duty of the accepting bank to verify wehn the altered cheque is presented for the encashment whether signature of the person is there or not where the alteration is made on the cheque and it is also necessary to collect the necessary documents from the person who has opened the account. I think both the banker and person colluded each other and illegally opened an account to gulp the amount.

varadhaking (Expert) 02 January 2010
Mr Rajeev S Vadrali is absolutely right. Along with criminal case you can also file a suit for recovery of your money with interest.

Guest (Expert) 02 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE WIDRAWAL FROM YOUR ACCOUNT KINDLY NOTE THAT.

1.YOU MAY FILE A COMPLAINT TO THE CHIEF JUDICIAL MAGISTRATES COURT MENTIONING ALL FACTS OF THE CASE AND GIVING DETAILS OF THE SAID CHEQUE AND BANK BRANCH OF DEPOSITING CHEQUE AND BRANCH OF BANK CLEARING THE CHEQUE WITH NAME AND ADDRESS OF THE ACCOUNT HOLDER WHO FRAUDULENTLY ENCASHED THE SAID CHEQUE.

2.HONOURABLE COURT WILL HEAR YOU AND YOUR ADVOCATE AND ISSUE PROCESS UNDER PROVISIONS OF 420 AND OTHER RELEVENT SECTIONS OF INDIAN PENAL CODE.
3.YOU HAVE CHOICE OF FILING POLICE COMPLAINT ALSO.
4.KINDLY NOTE THAT IT IS CHEAPER AND EASY TO FILE COMPLAINT TO THE CUURT DIRECTLY AND WITH CONSIDERABLY LESS HARASSMENT AS SUGGESTED ABOVE.

YOU WILL SUCCEED.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE AND SEND DETAILS OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE