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TANMOY (director)     01 September 2009

CHEQUE BOUNCE -HELP REQUIRED

One of my friend, during his vacation in India, was contacted by one ICICI agent to open one NRE bank account in 2005 and that agent had received 300$ towards initial deposit. The account was not opened by that agent and when my friend had come to India in 2006, my friend charged that ICICI agent and he deposited that 300$ and the account was made functional and the very first day of its function, my friend had withdrawn the 300$ through ATM. In 2007, when he came to India, he was interested to start operating that account but to his surprise, he was told by the bank that his signature is not matching with the bank record and it was revealed that some completely third person's signature was registered in place of my friend's signature in the record of the bank. He was told by the bank to give an application to change the signature and subsequently he gave one application but for giving one application it is necessary that at first my friend should put his new signature and then to put his old signature below of the new signature to confirm his old signature.As the signature which was in record of ICICI bank was not the signature of my friend so it was not possible for my friend to put the old signature and bank had ultimately changed the old signature without this formality. Can my friend claim compensation from bank for this harrassment??

My friend had signed two cheques just to verify whether his signature was uptodated or not in the system of bank but those cheques were somehow received by one fraud who has issued 138 N.I notice. What could be done? 

My friend had never used that account for cheque transanction.

 



Learning

 5 Replies

PARTHA P BORBORA (advocate)     01 September 2009

first of all it is necessary to appear before the bank to verify ones signature at the time of opening an account. but ur frained has not appeared personaly and being an account holder u should informed forthwith the police and the bank that u have lost signed cheques. but u neglected. i think there is little hope. 

k.kumar raja (advocate)     03 September 2009

mr.parthaprotim borbora is correct

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     08 September 2009

DEAR TONMOY,

I WONDER AFTER SEEING THE LINES"My friend had signed two cheques just to verify whether his signature was uptodated or not in the system of bank but those cheques were somehow received by one fraud who has issued 138 N.I notice. What could be done?"

ANY HOW,NOW THE CASE OF 138 N.I , IF UR FRIEND PROVES WITH EVIDENCES BEFORE THE COURT THAT HE DOESNOT HAVE ANY LEGALLY ENFORCEBLE DEBT PERTAING TO THE CHQS ,HE HAS CHANCES OF COME OUT FROM CB CASE...

Sreekumar.R (advocate)     17 November 2009

First give all the available details to Banking Ombudsman of concerned area and then fight the case since no valid legal debt was due to the person who complains under 138. You can also use the reply of the bank if your case is genuine.

Anil Agrawal (Retired)     18 November 2009

 Make a complaint to Ms. Chanda Kochar, CEO of ICICI, narrating what happened. Most importantly and inform the police and bank immediately that cheque book No. so and so, which carry some blank signed cheques, has been lost.

It passes my comprehension as to how those signed cheques have into the possession of a fraud. Is your friend so innocent that he can't go to bank to open his account and entrusts his documents and money to an "agent". To my knowledge, no account can be opened without the physical presence of the account holder who has to satisfy the bank about his identity, address and sign before the bank officer. 

There are gaps in the story. Remember the theory "holder of the cheque in due course". Your friend can't escape prosecution u/s 138 legally enforceable debt or not. The result is immaterial. 


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