Fraudulent activity undertaken by cooperative bank
somesh
(Querist) 19 December 2017
This query is : Resolved
one of the accountholder and the bank personnel (might be a manager) has incurred a fraud against me.
this accountholder had withdrawn cash from his own account in my companies name without my knowledge. he has prepared bearer cheque in my companies name (pvt ltd company) and withdrawan cash from his own account. In our view cash cannot be withdrawn in any private limited companies name unless director of the said company is available. We do not have any kind of business or personal dealings with this account holder. we managed to get the passbook of this accountholder through sources and found the debit entries in our companies name.
We have written to the bank to provide us the details of the person who have withdrawn the cash in my companies name but they replied that banks are bounded with customer data secrecy.
What would be the way out legally or out of court to get the details from the banks.
please help
Thanks in advance
Sudhir Kumar, Advocate
(Expert) 19 December 2017
please elaborate what exatly happened.
It was whose account?
how much money is withdrawn?
in whose favour the payment was meant?
ion whose favour the payment has gone?
who was authorised signatory of cheque?
whether authorised signatory signed the cheque or signature are forged?
who has withdrawn the money?
in what way he was connected with the company?
in what way he was connected with the transactions?
Kumar Doab
(Expert) 19 December 2017
1st of all make it clear that what exactly do you mean from your a/c holder!
somesh
(Querist) 20 December 2017
Dear Sir,
I may not name him publicly as his lawyer might the member here. i will call him Mr. X and i am Mr. Y
1. the account is in the name of Mr. X
2. 13 Lacs was withdrawn
3. the payment was meant to be in Mr. Y's pvt ltd company
4. the payment was withdrawn in Mr. Y's companies name. intention was to record my companies name in his passbook.
5. Mr. X was the authorised signatory of the account.
6. Mr. X signed the chq it was his own account, but the receiver of the cash might have forged my sign.
7. representative of Mr. X or he himself might have withdrawn the cash.
8. Mr. X is nowhere connected to me (i owed some funds from his friend but i paid him 3 yrs back in full.)
9. Mr. X might have given this funds to his friend from whom i have taken as a loan. but if i have repaid my loan why Mr. X is demanding money from me.
hope now the picture is clear. please help
Sudhir Kumar, Advocate
(Expert) 22 December 2017
It was your account as you say. Mr X was not connected with you as you say. He was authroised signatory of the account as you say.
Why are you making it a question paper of algebra.
Can you not put query in understand manner so that a person of ordinary IQ be able to understand in one reading (as done by most queriest on this forum)
You cannot expect a sound and correct advise based ona riddle.
somesh
(Querist) 22 December 2017
Dear Sudhir sir
you are making it a riddle
my query is very simple that someone has withdrawn money from his on account in my name so that my name can be reflected in his passbook.
if still you cannot judge my query then you should leave it for other experts try it.
thanks
Guest
(Expert) 22 December 2017
Mr. Somesh,
If your query was very simple, I put the simplest question, as follows, to you, AS YOUR DESCRIPTION HAS BECOME A GREAT RIDDLE FOR ME TO GUESS.
what was your source to know the particulars of withdrawal from some other's account, when neither the account relates to you/ your company, nor you received any cheque pertaining to that account, nor your company withdrew the money from other's bank, nor cash was received and accounted for in the books of your company?
