Presentation of cheque in court
Mahesh Chand Gupta
(Querist) 11 November 2013
This query is : Resolved
An account holder of Syndicate Bank issued a cheque for repayment of loan taken by him in cash. This cheque was cleared by Syndicate Bank on presentation in clearing in November, 2004. During cross-examination of the branch manager of Syndicate Bank, he said that the cheque in question was lost and could not be presented in court and is not presenting the cheque in court. Is he legally right or can he be compelled to present the cheque in court?
Dr J C Vashista
(Expert) 12 November 2013
Incorrect and false statement of the Branch Manager. A cheque presented and cleared cannot be lost.
malipeddi jaggarao
(Expert) 12 November 2013
Expert Dr.Vashista - it is not incorrect andfalse statement. The Branch Manager agrees that the cheque is presented and cleared, but the instrument is readily available for presentation before the court (perhaps as it is old record, it might be sent somewhere and not readily traceable.
Mr.Mahesh, if the Manager agrees that the cheque is presented in clearing and funds are received, there is no conflict. What is your exact problem? Please come with full facts then only the experts can understand the query in its right perspective and guide you properly.
V R SHROFF
(Expert) 12 November 2013
what abt Pass book/ statements??
+ bank cannot misplace or lost valuable Doc for min 8 yrs.
Rajendra K Goyal
(Expert) 12 November 2013
Banking Companies (Period of Preservation of Records) Rules, 1985 (29-Mar-85)
Published on Tue, Jan 05, 2010 | Source : Legal Pundits.com
Rule
3. Every banking company shall preserve, in good order, its books, accounts and other documents mentioned below, relating to a period of not less than eight years immediately preceding the current calendar year.
Records other than Registers:
4. Paid cheques
Generally the Branch is not supposed to preserve the record more than the instructed specified period.
Biswanath Roy
(Expert) 12 November 2013
The Manager of the Bank admitted the receipt of the cheque in question relating to repayment hence,his submission before the court that the cheque is lost shall not affect your case.For tentative guidence in this regard shall be charged for.
dr g balakrishnan
(Expert) 12 November 2013
he cannot plead as if cheque is lost but he will be held liable unless cheque or other circumstantial evidence is not brought on record please
