Dormant Bank account- Legal status
s.loganathan
(Querist) 05 August 2010
This query is : Resolved
I was operating a savings account with a private sector Bank more than 3 years ago. Due to some differences with the then Bank Manager , (arising out of misappropriation of my jewel loans by him), I ended up writing a host of complaint letters (more than 20 letters) to the Branch and Management of the Bank. Finally, the Manager and his Assistant Manager were practically transfered overnight. Of course, during that period, the manager gave me a lot of pressure and retaliatory actions like recalling all my loans and my family members loans simultaneously at that time, but I was resilient enough to overcome that onslaught. It was good-ridden to have managed to get back my collateral properties and the misappropriated family jewels. That was the last I had anything to do with that Bank. Now, after more than 3 years, I got a legal notice, to my shock and surprise, claiming that I issued a cheque 3months back and that it has been dishonored and giving me 15 days notice to pay. On investigating, I have come to know that the claimant is an acquaintance of the perpetrating manager. I immediately, sent a legal reply for the notice and put him on notice for his fraudulent act. I also sent a legal notice to the perpetrating former manager and to the Bank's Branch. I did all this because I had not issued the cheque to the fraud claimant. I also followed up with a police complaint and have lodged a complaint u/s 156 in the court, which has been forwarded to the police to file an FIR. Recently, I got a summons u/s 138 of NI Act from the criminal court. On perusal of the documents filed, it is learnt that the purported cheque has my signature on it and is returned as 'dormant account' & 'insufficient funds'. I am highly suspicious of some foul play by the then manager, who has waited for 3 years to mastermind such a devious act. I have shared this presumption with the police Inspector. Is there anything else that I should do to safeguard my position and any proactive measures to be taken? If the account was dormant, can the bank entertain a false clearing and return the cheque as insufficient funds. Should not the current manager exercise due diligence upon such a hostile account dormant for 3 years?
Daksh
(Expert) 05 August 2010
Mr.S Loganathan,
There are two limbs of your query one is on what account/reason the acquaintance of the perpetrating manager has presented the cheque - if it is on behalf of the bank then presumably on record some debt is due otherwise he must have filed the case alleging that you have taken some loan from him. In any eventuality admittedly a case can only be made out if it is shown that you owe a bonafide debt to either bank or that individual.
Secondly before initiation of the complaint u/s 138 you must have recieved a statutory notice you could have filed a befitting reply to that.
Last but not least for last three years you could have been a bit more diligent and could have taken all possible action to get the record straight. In a dormant account until the account holder issues instructions bank can't do anything without account holders instructions. Even a cheque is presented belatedly and returned back the onus is on the issuer of cheque to dispel any allegation.
All the very best in your quest for justice
Best Regards
Daksh
s.loganathan
(Querist) 05 August 2010
Thanks! There is no debt with the Bank and the cheque is presented on claim from a third party. That's why I sent a scathing reply to the claimant and also to the Bank and its then manager whom I suspect must have been behind the sudden existence of a cheque (which appears genuine), but was never issued by me to the claimant. It is because of this foul play suspicion that I lodged a police complaint and thereafter another u/s 156. The perpetrating manager has given a reply to my notice in his personal capacity but the Bank has chosen to remain silent though I have implicated them. Furthermore, in his reply the perpetrating manager has denied knowing the claimant, but it is learnt that the claimant has several accounts with the perpetrating managers bank. Also the cheque in question was sent for collection through another Bank. Without doubt there has been foul play, and I don't want to remain indolent while the perpetrators abuse the provisions of law to generically harass me. Are there any avenues that need to be explored?
Parthasarathi Loganathan
(Expert) 05 August 2010
Mr.Daksh is on the dot. All the facts can be apprised by presenting the matter to the Corporate Head Office of the bank
s.loganathan
(Querist) 05 August 2010
Thanks! Sir, I will take cue from your advice and lodge a complaint to the Banks corporate office, but just for the record, a good number of the 20-odd letters that I wrote earlier were to the Corporate Head office, and at that time I never got any reply.
Daksh
(Expert) 09 August 2010
Thank you Sir Mr.Parthasarathi Lofanathan for endorsing my view point by your appreciation.
Best Regards
Daksh
