Bank cheque fraud case
Anguluri Annappa
(Querist) 10 May 2014
This query is : Resolved
Respected Sirs,
Narration of the case:
One Mr A closed an account with Bank HDB
by giving a declaration that he destroyed the unused chq leaves. On the basis of this declaration the HDB bank closed the account.
Later on Mr A passed on his unused chq leaves to One Mr B, who issued a chq to Mr C without writing the payees name. Mr C wrote his name as payee and presented the chq in clg. The HDB bank retd the chq with the reason "Account Closed". This retn message not reached the collecting bank SYB before closure of the branch. In the normal course, the SYB passed all chqs.
By the time the retn message came to light
Mr C (who opened a new a/c with SYB) drawn
the amt through ATM and misleading the SYB
bank to repay the amt.
Banking Ombudsman initially registered the
complaint as maintainable, but after 37 days simply disposed the complaint as not
under the clauses of B.O. Scheme.
When lodged a complaint with local police
so far no response (15 Days).
Pl advice the legal course available to recover the amt from Mr C. This is purely a fraudulent activity. Whether entire B R act, RBI act and banking laws have no recourse to recover the amount. What should
be the role of SYB bank in the recovery process. Pl advice.
Annappa
V R SHROFF
(Expert) 10 May 2014
Anybody lost money , other than Bank????
If so, Bank can afford Lawyers to do needful.
Certainly not personal problem of individual, who need legal help.
We do not reply commercial Queries.
Bank generate profit out of it's activity, including this Query...
Guest
(Expert) 11 May 2014
Meet and Plead the Customer to deposit the same explaining your salary would be debited for this
Rajendra K Goyal
(Expert) 11 May 2014
This has taken place due to fault in system which need to be changed to plug further frauds by this modus-operandi.
Bank may file recovery suit against the account holder for recovery of its money due to return of cheque.
If it is clear that the cheque was not signed by real account holder fraud case should be filed against the person.
T. Kalaiselvan, Advocate 
(Expert) 11 May 2014
The bank has lost the money because of its own carelessness and casual attitude. The bank has a panel of lawyers, let it seek their opinion and proceed as per the panel advocate's advise.
