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JAYAPRAKASH (Manager)     01 May 2012

Forged cheque

 

I am residing in Oman and have an NRE SB account with SBI in Kerala. On 2011 October somebody taken Rs.50000/- from my account using a forged cheque. On investigation it is found that, the signature is very different from mine and the cheque was stolen from my bag, when I deposited the bag in a security counter of a shopping mall at Calicut, Kerala. The cheque lost in June 2011 and I was not aware of it. On december 2011 I came to kerala and complaint to the bank manager regarding this. He informed that they are given complaint to the Police. Police called me and I explained all the details . Since bank did not credited back the amount illegally deducted, I am approached Banking Ombudsman. But recently they informed me that the complaint is not maintainable, since it is under police enquiry. But in actual police is not doing anything and complaint was given by bank. (It is also came to know that, in the complaint , bank claiming that the cheque leaf is lost by me and losses regarding this is my responsibility)

 

On the reverse of the cheque , bank had collected the mobile number of the person who presented it in the bank. The phone is switched off after the this criminal act and I got the address of the mobile number owner from the mobile company. But the police telling that, they can not take him in custody, since it may be wrongly given and there is no CCTV footages available with the bank. Now bank is not responding to my e-mails. So please advice. What action I can take against the bank? Thanks in advance. 



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 3 Replies

Prasun Chandra Das (Banker)     01 May 2012

In case of forged signatures, there is no protection enjoyed by the Bank, even if the forgery is so good that it is impossible to detect with the naked eye. You can proceed to sue the Bank for debiting your a/c without your mandate.

Request advocates in the forum to advise on the modalitiies to file a case. 

Anjuru Chandra Sekhar (Advocate )     02 May 2012

If you want to punish the accused you have to file a police case.  If you want recovery of money lost you have to file suit in Civil court.

DR.VEDULA GOPINATH (ADVOCATE AND CORPORAE ADVISOR)     02 May 2012

FILE A PRIVATE COMPLAINT BEFORE MAGISTRATE AND INFORM BANKING OMBDUSMAN FOR BANKERS NEGLIGENCE.

 

DR VEDULA GOPINATH     vgopinath2@yahoo.com      9848227926


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