ramesh (wer) 19 April 2012

Police compalaint for loss of cheuqes

We have closed the XYZ bank account of my wife 1.5 years back and at that time bank people asked us to destroy the unused cheuqes on our own and taken a declaration as I have destroyed all the unused cheques.

Later we have forgotten to destroy the unused cheuqes and cheques have been kept in our house,i remember I have scratched on all the cheques and written as cancelled in bold letters before going to bank for closing the account.

Account closure letter has posted to my wifes fathers house and last week we have seen the account closure letter and bank has asked us to return the unused cheques for destruction at their end.

We searched in our house for the unused cheques,but could not found.I feel it might have lost while disposing my old stationery items.We are thinking of filing a complaint in the near by police station regarding the loss of unused cheque book and intimating to the bank along with the acknowledgement copy of the complaint regarding the loss of unused cheque book.

My question is

A. can I file a complaint in the police station mentioning the loss of cheque book of my wife

or

only my wife should go to police station and file a complaint?

B.In future if any cheque misuse case arises (In the worst case) ,what does the law prefers,cheque book loss complaint to the police station should be given by the wife(bank account holder) or is that OK if her husband files the complaint?

c.After the police complaint and intimating the bank along with a complaint copy,do we need to give public notice in news paper,is that essential?

Thanks in advance

Ramesh

Reply Follow

6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 19 April 2012

Dear Mr.Ramesh,

You have scratched and destroyed the cheques.As of now they are of no use.Hence forget about it.

Kumar Doab (FIN) 19 April 2012

You have posted that:

--"bank people asked us to destroy the unused cheuqes on our own and taken a declaration as I have destroyed all the unused cheques." You may reply to the bank by letter under acknowledgment on copy with seal and signature that instructions of the bank on the day a/c was closed were complied with by a/c holder and now the bank can not awake after 1.5 years of a/c closure and start troubling you, and in any case bank can not honour any cheque from closed a/c. If there is any issue which has come to bank's notice or in future bank shall inform you giving one month's notice under original seal and signature on letterhead by redg/speed post only. If the baqnk wishes to charge for redg/speed post or want you to provide self addressed postage prepaid envelopes, bank should do so in writing citing concerned rule of the bank and law of the land vide which such a rule is framed. You may specifically mention that any communication which is not signed and stamped and sent by ordinary post/courier shall be deemed as having not sent by the bank.

Bank shall deem the date of closure of the a/c as date on cheque and thus all cheques are time barred. Hence there is no responsibility on your part.

--"i remember I have scratched on all the cheques and written as cancelled in bold letters before going to bank for closing the account." A cancelled cheque can not be allowed to be encashed by the bank.

Deepak Nair (lawyer) 19 April 2012

If you have truly stated that you have scratched the cheques, then it definitely cannot be encashed.

Praveen Mittal (Owner) 19 April 2012

If you have truly scratched the cheques, then it definitely cannot be en-cashed.but if have not scratched the cheques and some one misuse the cheques you have to face the problem & burden of prove lies upon you to prove that cheques were not given under any transaction.

You may files the complaint in police station on behalf of your wife.

C. P. CHUGH (Practicing Lawyer) 20 April 2012

Dear Ramesh,

Refresh your memories, in case you are sure that those unused cheques were not signed by your wife, the account holder, nothing worst against her can happen, whether or nor you scratched, cancelled those cheques.

So far as the bank is concerned, you may inform you that you have destroyed the cheques, once account ws closed and you are not in position to submit those cheques now.

ramesh (wer) 24 April 2012

Thankyou Sir,

I remember I have scratched few cheque books.I am not sure whether I scratched all the cheque books or not.

I have not audited / verified my cheque usage like how many cheque books issued from Bank,how many are presented and honoured, how many are unused etc.I am in a confused state,as I was under going medical treatment at that time.

Luckily nothing happened sofar.

Please advise me what all could be done to safeguard in future.