Use of Old loose cheque issued in 2012 in 2017
Raja baba
(Querist) 10 April 2017
This query is : Resolved
A bank transferred a huge sum from an account to another account in the same bank using loose cheque which according to the bank was issued 5 years earlier prior to issue of regular cheque book.the bank has done so to get an npa account settled despite of notice not to transfer the amount.what is the remedy.
Guest
(Expert) 11 April 2017
If cheque is within the currency period and does not belong to any other bank, there is no restriction on the bank to use its own cheque to transfer the funds from one of its account to another on the basis of that cheque.
Rajendra K Goyal
(Expert) 11 April 2017
Whose account was it?
Whether the cheque was signed by account holder?
In whose account money was transferred?
Who issued notice not to transfer the money?
How Bank received the said cheque?
Please state clear material facts, no riddles please.
Raja baba
(Querist) 11 April 2017
There is a pvt.ltd company worth 5 lakhs.total shares 1000.two directors having equal shares 500 each.the bank account can be operated by either director.there ia a long list of creditors around two crores.the company recd a good amount.one of the director who was not having cheque book asked the bank to keep the account on hold.the other director also asked the bank to do not allow any transaction from the company account except preparing a fdr and keep that too with the bank till the dispute between the directors are resolved.the bank put the account on hold but on third day debited the co account by using a loose cheque by half the amount and credited inthe account of a directors personal account which was npa.the amoount of npa ac was less than amount debited from co account.the bank removed the hold unilaterally without asking/hearing the other director.the cheques book is in possession of aggrived director and the cheque used is a loose one issued by bank.the bank is now saying that the loose cheque was issued to company at the opening of account in 2012.after opening of account two cheque book had been issued and the cjeque used is not within that series.the creditors are cheated as the bAlance amount cannot satisfy half of their amount.bank says we had divided the amount in two equal whats wrong?kindly let me know the remedy to recover the amount from the director.is criminal action possible against bank and under what sections.
Rajendra K Goyal
(Expert) 11 April 2017
All documents need to be referred.
Bank can not transfer balance in company account in the personal account of any director except few permitted / allowed and authored transactions.
Discuss in detail with senior local lawyer.
Guest
(Expert) 11 April 2017
Mr. Raja Baba,
What actually is your concern with the company and its Directors and how you could come to know about the transaction in the bank?
Also, when you sniffed some fraud, with what specific reason you have preferred to avail charity service, rather than consulting a good local lawyer?
Guest
(Expert) 12 April 2017
Arunagiri is the Director of Company Gemmia Oil Tech Ltd which had cheated the Indian Public to the tune of Rs.900 crores and Suspended in BSE and SEBI.Many Innocent Investors had committed Suicide also.(Posted in the Interest of Innocent Querists)
Dr J C Vashista
(Expert) 12 April 2017
Discuss with a local lawyer with relevant documents for proper analyses, guidance and proceeding, if required.
Even otherwise it is a commercial query for which you need to consult and engage a lawyer.
Guest
(Expert) 12 April 2017
Bank is Legally Right.
Rajendra K Goyal
(Expert) 13 April 2017
Neither it is a good habit nor requirement of the thread to comment on others.
Guest
(Expert) 13 April 2017
Please visit the Eye Hospital Suggested.
Rajendra K Goyal
(Expert) 13 April 2017
It seems moto of some experts is to come to this forum is to disturb / create situation that the experts contributing for the forum without any hope of any gain should avoid to come to this forum.
Guest
(Expert) 13 April 2017
Thanks for Confirming your involvement in Gemmia Oil Tech Ltd as Silent Partner,the Company which had Cheated Indian Public to the tune of Rs.900 Crores and many investors had committed Suicide also.Please Visit the Eye Hospital first and after the Completion of your Treatment Visit the BSE Website to confirm the genuineness in the Statements Posted.
Guest
(Expert) 13 April 2017
Posted in the Interest of Innocent Qurists.
Guest
(Expert) 13 April 2017
Author,Bank is Legally Right.
Rajendra K Goyal
(Expert) 13 April 2017
Some experts are in the habit of giving lectures having vested interests rather to advice in positive way / contribute for the query.
Guest
(Expert) 13 April 2017
Exposures of Frustrations Appreciated.Please Consult the Doctors
Rajendra K Goyal
(Expert) 14 April 2017
Some experts are expert in commenting on other experts.
I do not like any comment on other experts, if I differ any point I do so with proper respect and honor.
Rajendra K Goyal
(Expert) 14 April 2017
Some experts are expert in commenting on other experts.
I do not like any comment on other experts, if I differ any point I do so with proper respect and honor.
Rajendra K Goyal
(Expert) 14 April 2017
More vague / unwarranted / irrelevant / posts.
Neither it is a good habit nor requirement of the thread to comment on others.
Experts should try to be sober.
Guest
(Expert) 14 April 2017
No reply to Anonymous
Guest
(Expert) 14 April 2017
Bank is Legally Right
Guest
(Expert) 14 April 2017
Mr. Rajendra K Goyal,
To be frank, a child's photo at your profile makes you lose your credence. The purpose of uploading a child's photo is not understood.
A question arises, like Mr. Kumar Doab, do you also want to hide yourself from public with any specific reason?
Rajendra K Goyal
(Expert) 14 April 2017
Respected expert P. S. DHINGRA ji,
Thanks for your views, guiding me.
If you remember, from first day I have been using photo taken from the standard list at LCI forum as my so called Avtar. It was cute child angel.
After some time I replaced it with my photo, I used my phone with my photo. In my profile my full address with my mobile no., e-mail was available.
A serious objection was raised by senior experts, I would name one I am remembering V R SHROFF ji who objected to it that I am doing so to attract clients through this site. I gladly accepted the suggestion and removed my photo, phone no. and other details from my profile. I preferred photo of one child which I liked.
When my name was having my phone no.at the forum, I was getting 3-4 calls daily for solution of legal problems at very odd hours apart from working hours calls. Now I am relieved from this problem also.
Honestly speaking I have not taken any case having reference of this site. However, from last 2 years I am not taking any new case due to my health and age factor. Now providing free services.
I have always respected other experts and mostly used ji for them. My nature does not allow me to disrespect any expert or queriest.
Experts must respect other experts.
Regards
Rajendra K Goyal
(Expert) 14 April 2017
Some experts use this forum to satisfy their personal ego, it hurts the dignity of the forum.
Silence is not cowardliness.
Guest
(Expert) 14 April 2017
Mr. Rajendra Kr. Goyal,
Profile/ About me page is meant for introduction with true identity. Posting true identity in the profile page is far far better than posting false ID or some one else's photo. Objection to posting contact No. along with reply to some query can be understood, but not on profile page, which is your personal page.
By the way, as per you, what does the term, "profile" OR "about me" denotes in the absence of true introduction or identity?
