Anguluri Annappa
(Querist) 01 March 2014
This query is : Resolved
Respected Experts,
Please advice who is accountable in the following case:
1. The Paying Banker who closed the account of the customer without finalising the position of unused cheque leaves and returning a cheque in clearing with the reason ACCOUNT CLOSED, thereby giving an opportunity to commit fraud by his customer. 2. The Service branch of the Collecting bank, who could not intimate the return position of the cheque before closure of branch. 3. The Collecting bank branch passed the credit in the normal course before clo sure of the day's business resulting in payment of a returned cheque.
If recovery is not forthcoming who is accountable, a. The Paying Banker who acted with gross negligence so that his custo mer defrauded public. b. The Service branch who could not even alert the collecting branch not to pass the credit before closure of the collecting branch. c. The collecting Bank branch to have passed the credit.
In this case the Collecting Bank branch had taken all the precautions before opening of the account of the customer for whom the cheque was collected.
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