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Self cheque

Page no : 2

JAYAPRAKASH (Manager)     20 April 2012

What will be the expense( Aproximate) incurs for filing a writ pettition in Kerala high court? Anybody can give an approximate cost requires?

Prasun Chandra Das (Banker)     26 April 2012

it does not matter if the signature is very different or similar to the original signature of the a/c holder. In case of forged signatures, the Bank has no right/mandate to debit the a/c - forget cash chqs or clearing chqs or transfer chqs - this applies to all chqs. THE BANK HAS ABSOLUTELY NO PROTECTION IN CASE OF FORGED CHQS, EVEN IF THE FORGERY IS SO GOOD THAT IT CANNOT BE FOUND OUT BY NAKED EYE. So, go ahead and sue the Bank, if it is acting tough. If it is proved that the signature was forged, regardless of all other things (forgery was excellent..you had misplaced the chq leaf etc), you will win the case and the bank will reimburse you the loss. 

ajay (SELF)     15 September 2012

mr jay prakash ji

i think you must file suit before he civil court for mandatory injunction for reversing the entery on the basis fo fake cheque

 in the case of Canara Bank Vs Canara Sales Corporation & others (1987) 2 SCC 666, (para 24) the Supreme Court held that "When a cheque which is presented for encashment contains a forged signature the bank has no authority to make payment against such a cheque. The bank would be acting against law in debiting the customer with the amounts covered by such cheques."

i think the above citation may help you 

thanks

ajay varshney

advocate

9837353339


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