Civil Procedure Code (CPC)

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Shyam Prasad ( )     12 March 2021

regarding cheque issue

respected sir,

I am asking this on behalf of my relative who don't know how to use internet. please help. please advice. my relative is very honest person.

my relative got a lawyer notice saying that he issued a cheque to some one and it is not honored.

my relative is very honest person. he is saying that he lost his cheque book long back and he informed to bank & got it blocked. it happened 3 years back. my relative is saying that he does not know that person from whome he got notice. he never signed on any cheque.he is very confident. infact he got notice from far place than ours.

kindly guide what should he do. can he approach police people? and give complaint on the other person? will Police people take that complaint? please guide completely.

please give complete advice.


 20 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 March 2021

1. TRY to file Police Complaint, for the mentioned problems.

2. For your requirement of "COMPLETE ADVICE", kindly prefer to coordinate with a local Criminal Lawyer, with all the available documents, for "COMPLETE ADVICE".

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

G.L.N. Prasad (Retired employee.)     13 March 2021

First contact a local advocate, and issue a befitting reply denying the knowledge of the payee and the payee is fabricating a transaction with forgery.   The presumption is that the cheques were not signed in the blank when the cheque book was lost.  If the payee is really a culprit, he may not proceed further and purchase problem.

When the cheque book was treated as lost, the bank should have withheld that instrument and informed you as it was reportedly stolen..  Contact the bank and explore for getting a copy of such cheque issued to get forensic examination of signature, handwriting etc.

Then with the help of an advocate file complaint before jurisdictional Police. for interrogation of the payee and to get the entire lost chequebook to avoid abuse through the fraudulent transaction.

First, try to ascertain the place from which it was presented as this is a new threat of opening an account of a Chennai person at Delhi, and present instruments drawn on Chennai through such Delhi bank to threaten and harass innocent drawer and to extort some amount as a compromise with the threat of warrants etc.

Shyam Prasad ( )     13 March 2021

Hemant Agarwal Sir

Surely I will ask my relative to approach local police station. But before that I want to know views of experts like you on how to handle these. My relative is very confident. He is saying that he has not signed cheques at all before they are lost. Just wanted to know from you how to approach the problem.  

 

Thanks. Please. 

 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     13 March 2021

It is only a Legal Notice received and not Court Summons and hence, your friend has enough time to enquire and get full particulars about this. As already advised by Experts, ensure that a strong and appropriate reply through a good local Lawyer is issued to the legal notice refuting all allegations

Meanwhile, you and your friend can collect the following data and the replies to the queries may solve the problem or help your friend in fighting the alleged false legal notice/case.

  1. When your friend observed that his checkbook was lost, exact date?
  2. What was the actual date he informed the bank of the fact that the checkbook was lost? 
  3. Whether an ack. from the bank was obtained for having noted the fact and if so such ack. is it with your friend now?
  4. As per legal notice what was the date of cheque purportedly issued by your friend?
  5. Has your friend approach  the bank and enquired as to when the cheque in question was received by them and the actual reason mentioned by them on the cheque return memo
  6. Visit the bank and obtain an image of the cheque presented to them in clearing as nowadays under cheque truncation, in clearing only cheque image is sent to the account-holding bank branch. This will help in knowing the handwriting, signature on the cheque.
  7. Bank cannot write the reason for "insufficient funds" on a cheque reported lost by Customer much before the said cheque is presented in Clearing.
  8. On whose behalf the legal notice is received and whether your friend has/had any business or any other relationship with such party.
1 Like

P. Venu (Advocate)     13 March 2021

Has the so-called relative informed the Bank of the loss of cheque books? When?

Shyam Prasad ( )     13 March 2021

SIVARAMAPRASAD KAPPAGANTU  garu,

 

My relative has given instruction to block that cheque book almost 1 year back. and has taken from acknowledgement.

Now the cheque presented by that unknown person is retured back saying that it got blocked.  My relative does not the person who presented the cheque. 

Now please guide what to do ? Can he get the image of the cheque presented from the bank and then approach police for legal help ? is it possible ? incase if police does not log a case what to do ?

 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     14 March 2021

From the further details provided it is learnt that the reason for the return of cheque was not "Insufficient Funds" and it was noted as "blocked". The correct reason should have been  "the cheque is reported lost".  Tell your friend to preserve the letter given to the Bank stating the cheque book was lost and also the acknowledgement given by the bank, which may be necessary for the future. 

 

Hope the date of presentation of the cheque is subsequent to the reporting of the cheque being lost to the Bank.

 

Now, the Police case. You need to provide full particulars.  Police may try to find out the details of the person who presented the cheque through the Bank that presented it in the clearing. You should be able to convince the Police to register a case and for that, you need to give copies of the records like 

  1. The letter that was given to the bank informing them that the cheque book was lost
  2. Bank's acknowledgement for the above letter
  3. Copy of the cheque from the Bank which returned it.
  4. The actual signature of your friend and the signature on the copy of the cheque apparently may be examined by Police
  5. The number of the cheque returned should tally with the number/s of the cheque reported lost in (1) above.

With these records, maybe the Police shall be convinced to register a case and investigate. You may try. Normally, if there is a reasonable doubt, the Police register the case and investigate.  

Shyam Prasad ( )     14 March 2021

SivaRamaPrasad Garu,

Humble thanks for your reply. 

 

1) My relative gave letter to the bank saying that he lost cheques in transit and took acknowledgement from them. He is having it with them. and bank has deducted some 590/- charges for blocking that complete series of cheque book. 

2) could you please guide, if we can get the copy of the cheque presented to the bank and the reason which they mentioned for rejecting  it ?  how to get them ( my relative raised complaint on this subject on toll free number of the bank which is forwarded to local branch I guess. reply awaited ) Sir kindly guide how to get that cheque copy etc.

3) can we ask bank (incase if they rejected saying the reason as blocked instead of lost cheque book)  why is that they mentioned wrong reason ? 

Kindly guide .as of now here banks not working. 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     15 March 2021

Dear Queriest,

 

You need to take action instead of prolonging the discussion. You may contact a capable and reliable local Lawyer and be guided by such a Lawyer.

Shyam Prasad ( )     15 March 2021

@Siva Rama Prasad Kappagantu Garu,

 

I have passed entire gist of this forum thread to my relative. as of now banks are not working. He is trying for that cheque copy so that with that copy wants to approach local police station. and then a local lawyer.

I am also googling . To see if I can get anything else to pass that information to him. 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     16 March 2021

Yes, there is a bank strike for two days. After that, you may advise your friend to approach the bank for getting the required details and copies of the documents which may be of useful record in case you need to file a Police Complaint duly taking advice from the Local Lawer as already suggested.

Shyam Prasad ( )     20 March 2021

SivaRamaPrasad Kappgantu Garu,

we approached local SBI branch. they said that 1) they cannot give copy of the cheque . infact it will not available with the branch at all. Even though its CTS clearing etc these days they cannot provide the cheque copy.  CAN YOU PLEASE GUIDE WHAT TO DO NOW.

2) Even though good years back my relative gave cheque book lost request letter to bank and got them blocked,  when cheque is presented by the other party  reason for return will be just "blocked". they will not mention it "blocked as cheque book is lost " ... No matter whatever is the reason for blocking they will reject it as just blocked . CAN YOU PLEASE GUIDE WHAT TO DO NOW.

3) My relative approached local police station, gave written representation etc but till now not successful in getting the case logged on the person from whom the notice came. As just name of that person is there with us, we dont have complete address etc. we dont know that person. CAN YOU PLEASE GUIDE WHAT TO DO NOW.

 

4)we approached a local lawyer. mostly tomorrow reply will be prepared. but will it serve the purpose.

 

How to get justice. Please guide. 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     21 March 2021

Now all banks are handling clearing from a centralized location and the images of the cheques do not reach the branch to which they belong but processed at a Central Processing Centre. You may write a letter to the Bank's administrative Office seeking a copy of the cheque for legal purposes.  However, if your efforts to file Police Complaint are successful, the Police will approach the bank for the copy in which case they are bound to give a copy.

 

Bank had already returned the cheque stating it as "Blocked". Since you have the record of your complaint to the bank and an ack from the Bank,  you can explain in case of need. Normally, a case under Section 138 can be initiated only when the cheque is returned for want of funds and not for other reasons.  However, in the case of stop payment instructions from the Customer (not cheque lost), banks shall verify whether the account has sufficient balance with which the cheque would have been passed, had there been no stop payment instructions. If the balance is not enough they do not accept the stop payment instructions as it may be a ploy to escape Section 138. In your case, since it happened long back and the bank accepted cheque book lost, it can be argued in your favour although the bank mentioned Blocked instead of cheque reported lost.

 

If need be you can file a complaint against the bank addressed to their higher officials that the reason for the return of cheque was wrongly mentioned as blocked instead of cheque book lost which resulted in a legal notice to your friend.

 

Ensure that reply notice is sent to the Legal Notice to the Lawyer from whom you received it and wait for them to take the matter to the next stage.  I am afraid some known person is playing this drama to frighten your friend.

 

Please be guided by your Lawyer as he shall be in a better position to guide you as you would have shown all related docuemnts to him.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     21 March 2021

LONG WINDING & INFRUCTUOUS POSTS .... making a mockery of the Experts over here.

Take help of a local Criminal Lawyer, in the matter, instead of nuisance arguments.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com


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