Cross bearer cheque payment

NISHIT SHAH (Querist) 20 July 2014 This query is : Resolved
Please let me know, if the banker received a cheque from it's account holder for clearing purpose, in which name of other person as payee is written, but the same appearas simple cross and bearer. Can Banker process it for clearing purpose and send it to the drawer's bank for it's clearing and get credit of it in to the saving account holder with it ?

COLLECTING AND PAYING BANK IS SAME AND CLEARING CHEQUE PAYMENT MODE BY TRANSFER

Suppose NISHIT has deposited cheque with NUTAN Bank where in he maintained saaving account.
Cheque drawn in favour of NIRAJ issued by NIPA. Cheque is simple cross and also bearer.
Can NUTAN Bank give deposit/ clearance in favour of NISHIT, in his account, amount of cheque.
If the cheque is deposited with wrong OR good intention, is there any liability as collecting same as paying banker ?
Please advise with some relavent decision on same line.

Thank you.

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Dr J C Vashista (Expert) 21 July 2014
Same query and reply as above.

Devajyoti Barman (Expert) 21 July 2014
repeated query indeed.

Guest (Expert) 21 July 2014
There is no scope of supposition in any legal issue. Better state the real problem, if you really have.

ajay sethi (Expert) 21 July 2014
repeated query

Rajendra K Goyal (Expert) 21 July 2014
Practically the Bank does not credit such cheques in the account of third person other than the payee.

Guest (Expert) 21 July 2014
Depends upon endorsements on cheque and cross put by any endorser on the cheque.

Raj Kumar Makkad (Expert) 22 July 2014
Why to reply a repeated query which already stands duly replied?

T. Kalaiselvan, Advocate Online

(Expert) 23 July 2014
No reply to the repeated query is the stand by experts, I go with the experts.

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