darbar_madina (lawyer) 21 December 2010

crpc125 cheque/DD honored in false name

Hi Bros, Here is a peculiar situation for me in CRPC 125 case: Interim mtnce awarded as 7k per month. Petitoner1 name is "Shaik Salma Tabhassum" and petitioner2 name is "Kamalapuram Shaik Mohammad amaan" As per her petition,affidavit,family court and Highcourt maintenance Order. But actually Petitioner name is "shaik salma" only as per her educational certificates, ration card & voter Id card. SO SHE HAS OPENED HER BANK ACCOUNT IN THAT NAME ONLY (i.e. SHAIK SALMA). And because of her arrogant nature she opened the bank account of my son in the name "SHaik mohammad amaan" only by excluding the surname "Kamalapuram". Now the issue is MODE OF PAYMENT of maintenance: I am submitting maintenance amount in the form of Bankercheques/D.Ds directly in the court sometimes by hand & sometimes by Registered Post drawn in the names of "SHAIK SALMA TABHASSUM" & "KAMALPURAM SHAIK MOHAMMAD AMAAN". She got successful in clearing the account payee cheques/DDs of apporx 50k, even though the "account holder name is mismatching with bearer name of cheques/DDs". After knowing this funda of mismatching, recently I have submitted a banker cheque with a written note on its back which reads "NOte: Pleae verify exact and complete name of account holder while honoring/clearing of this cheque". SO automatically the cheque got rejected by bank authorities who sense trouble in clearing that. But the b*tch came up with new tantrum i.e. she has filed a memo submitting the same account details which clearly shows the mismatching names when compare to the CRPC 125 petition & orders AND prayed court to gave me direction to deposit amount directly to avoid complications. Now please tell me that Should I file a reply memo pointing out the differences in the Petitioners & account holders names??? (& what if the judge give me direction to deposit amount in that false accounts only, can I challenge the order?). IS there any chance to file criminal case on the bank authority for honoring/clearing cheques/DDs on false(mismatching) names. Please suggest me the action.. with warm regards,

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 22 December 2010

You can initiate criminal proceedings against your wife and on bank authorities .

(Guest)

yes i agree

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 22 December 2010

If your client is ready go far criminal acttion but it is long drawn process.

shivanand sharma (penal lawyer) 22 December 2010

hi darbar pls contact to sivika asscociates meerut a gorup of legal expert mo.09359696961

JT Rajasuriya, Chennai (Advocate 98410 53790) 25 December 2010

If your intention is for the amount to reach the petitioners, then you're going to be silent. Whereas if your intention is to harass the other parties then you can create these kinds of obstacles. Certainly, there is no criminality involved as the intended person is same. Neither the petitioners nor the bank can be pulled up for their past actions.

Everyone can understand that it's a bit difficult to pay thro' the nose for an opposite party.

darbar_madina (lawyer) 08 January 2011

Dear learned members,

And my version of objections I am planning to submit is as follows:- (Pleae Check and suggest if I would have to make any changes)

OBJECTIONS FOR THE MEMO OF PETITIONER No.1 FILED ON BEHALF OF THE RESPONDENT

It is submitted that in the above case i.e. M.C.No.11/2009 which on the file of this Hon’ble Court, As per the Main CRPC 125 petition, Interim CRPC 125 petition & Affidavit(which is a statement under oath) submitted by the petitioner And as per the maintenance orders awarded by this Hon’ble Court and Hon’ble High Court of AP., the name of Petitioner No.1 is “Shaik Salma Tabhassum” and the name of Petitioner No.2 is “K.S.Mohammad Hashim Amaan”.

It is further submitted that the Respondent is paying the maintenance amount in the form of Account Payee Cheques/DDs since October 2009 which are drawn in the names of Petitioner No.1 i.e. “Shaik Salma Tabhassum” and Petitioner No.2 i.e. “Kamalapuram Shaik Mohammad Hashim Amaan” to comply the orders of this Hon’ble Court and Hon’ble High Court of AP which directed me to pay maintenance amount to “Shaik Salma Tabhassum” and “Kamalapuram Shaik Mohammad Hashim Amaan”.

It is further submitted that this mode of payment is very much according to the law and this is not illegal in any point of view. And the Respondent reserves his right to pay the amount by using this instrument i.e. A/C Payee Cheque/DD.

It is further submitted that the petitioner has now filed particulars of some bank account details in which the account holder names are not matching with either the petitioners names in CRPC 125 Petitions & Affidavit OR maintenance orders of this Hon’ble Court & Hon’ble High Court of AP.

It is further submitted that directing the Respondent to deposit amount in the above mentioned Bank Accounts is nothing but forcing the Respondent to disobey the order of Hon’ble High Court of AP.

Wherefore it is prayed that this Hon’ble Court may kindly peruse the documents submitted by Petitioner and to direct the petitioner to approach the Court with clean hands instead of misleading the court by filing false information.

Advocate for Respondent