criminal case to be filed on state bank of india

Advocate/Lawyer

My company had business transactions with one M/s. Mals Cargo Pvt Ltd based in Bhadohi, Uttar Pradesh ..... Mals Cargo issued us 5 cheques against clearing liability ... All 5 cheques were drawn on SBI, Bhadohi Branch, Uttar Pradesh. My Company based in Mumbai deposited the 5 cheques with IndusInd Bank, Mumbai .... All the 5 cheques came back dishonoured ....and there were material alterations/overwritings on the dates of all 5 cheques and reason for dishonour was given as ' full signature of drawer required on cutting ' ..... We inquired with IndusInd Bank .... IndusInd had removed xerox copies of all 5 cheques before sending them to SBI, Bhadohi Branch .... and they found that there were no material alterations/overwritings when the cheques were presented .... so they gave us a certificate stating that the 5 cheques did not have any alterations/overwritings on their dates .....

This means that some staff/official of SBI, Bhadohi Branch in connivance with Directors of Mals Cargo played this fraud on us .... numerous notices/complaints were made to higher SBI officials/Banking Ombudsman ..... but nothing has evolved .... We want to file criminal case against SBI & Mals Cargo Pvt Ltd ... But how to go about it .... Who should be made party considering SBI ....

Central Board of Directors based in Mumbai .......... or SBI, Bhadohi Branch only .... or Administrative office at Lucknow

further on jurisdiction .... Can I file case at Mumbai or should it be filed in Bhadohi since cheques have been tampered at Bhadohi .........

 
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Retired

 SBI, Bhadohi and the company which issued the cheques.

 
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Please lodge a complaint with District crime branch cell or if refused send the complaint to the SP of concerned District by registered post stating the refusal by the police, the next course would be to lodge a complaint under Section 156(3) of the Cr.P.C. and get suitable driection from the Magistrate Court or High Court

 
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Retired

 Please write to Economic Offences Wing, Mumbai Police, Azad Maidan, Mumbai-400001 giving full details and enclosing a copy of the cheques as received and as presented.

 
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Advocate High court Madras. M-9840908555

file a private case under IPC offences against the bank manager of the concerned branch and dissiminate the fraud commited by bank officials in all local medias. It will yield fruitful result.

 
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Retired

 Media is nothing but a shrewd trader. it won't buy or touch your story with a barge pole. Forget media.

 

 
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Dharemsh ji, 1)First lodge a criminal complaint with police in Mumbai. 2)Send notice to the SBI Branch Manager, Bhadhohi branch 3)Send your complaint to the Ombudsman. 4)Send your complaint to the intelligence wing of Banking. 5)Send complaint to the Chief General Manager, SBI 6) send notice to the Mals Cargo Pvt.Ltd. 7)After send the above, file a criminal suit making parities as the above.
 
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Advocate/Lawyer

Sathya Prakash Ji, (1)  I lodged written complaint with the concerned police station in mumbai .... we were called but they evaded the matter saying it was civil issue ... they refused to see our reasons ... (2) Notices were sent to Branch Manager, SBI, Bhadohi Branch ... there was no reply (3) Notices/Complaints were sent to Chairman/Managing Director/Dy General Manager, SBI, Mumbai ... they assured that they would look into the matter ..... Notices/Complaints were sent to SBI, Administrative Office at Lucknow .... there was no reply .... (4) Lodged complaint with Banking Ombudsman at Kanpur .... in October our complaint came to be dismissed on grounds that the complaint requires consideration of elaborate documentary and oral evidence and therefore proceedings before the BO are not appropriate for adjudication of the complaint .... (5) Now I have filed criminal proceedings in Mumbai.

Can I file complaint in Consumer Court also .... But we have deposited cheque with IndusInd Bank, Mumbai and fraud committed by SBI, Bhadohi Branch ... Do I become a Consumer of SBI, Bhadohi Branch .... Because I will have to make IndusInd Bank a witness .. since they have given me Certificate that when the cheques were presented before them they did not have alterations on the dates ... Please help

 
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Dharmesh ji, Before filling a suit to make complaints or sending notices are essential. Whether they reply or not that is up to them. You can file a criminal suit for alterations and forgery. A civil case can be filed for damages of mental agony.Yes.You can file in consumer forum for damages.You can file in Mumbai.Make all as respondents.Don't step back.In your petition you request for forensic report also.Now a days banks are doing such cheating in several places.Definatly you get damages and action may be taken on bank officials.
 
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