Dharmesh Manjeshwar (Advocate/Lawyer) 13 July 2009

second Fraud played by Bank

We had deposited 3 more cheques of the same client stationed at Bhadohi, U.P. with SBI, Mumbai ........ the 3 cheques were drawn on SBI, Bhadohi Branch, U.P. For 4 months there was no response from the SBI, Mumbai ... only answer we got was that the 3 cheques have been sent to SBI, Bhadohi ..... we sent numerous reminder ....... We filed complaint with Banking Ombudsman at Mumbai against SBI, Mumbai ..... SBI, Mumbai received reply from SBI, Bhadohi that they have not recieved the 3 cheques ..... theafter after about 61/2 months we received the 3 cheques by post from SBI, Mumbai with SBI, Bhadohi Branch memo stating reasons ' cheques invalid ' we thereafter met Branch Manager, SBI, Mumbai and he stated positively that SBI, Bhadohi Branch is playing fraud and he has received proof of delivery from department of posts that the 3 cheques had been received by SBI, Bhadohi .... on written application by us SBI, Mumbai has given us copy of the proof of delivery obtained from department of posts .... I have givennotices to SBI, Bhadohi and the client also ... Can I file 138 N.I. act complaint against the client .... the last fraud case was accepted ..... how about his one ..... I have filed complaint with Banking Ombudsman, Kanpur against SBI, Bhadohi Branch and await their reponse .....

Reply Follow

3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 13 July 2009

cheques invalid does not attracts the NI Act, it is the negligence of the bank. So file a consumer case against both the banks or claim a damages against the badhoi bank.

Dharmesh Manjeshwar (Advocate/Lawyer) 10 August 2009

Well it's more than 2 months since I filed our complaint with Banking Ombudsman, Kanpur, but we have no report as to what has happened to our complaint against SBI, Bhadohi. ( my facts/query mentioned above )

Now I am thinking of filing criminal complaint as well as file complaint with the Consumer Court. Question is who do I make as the Accused in the criminal complaint, the Branch Manager, Bhadohi & the Drawer/s of the cheque .... Can I make the Board of Directors of SBI as Accused in the criminal complaint and/or the Managing Director of SBI, Local Head Office under whose administrative jurisdiction, SBI, Bhadohi Branch functions ?

girishankar (manager) 26 February 2010

U can all of them as the Accused in the criminal complaint, the Branch Manager, Bhadohi & the Drawer/s of the cheque .... U Can make the Board of Directors of SBI as Accused in the criminal complaint and/or the Managing Director of SBI, Local Head Office under whose administrative jurisdiction, SBI, Bhadohi Branch functions ?