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shiv shankar (accountant)     04 March 2011

Cash withdrawn from bank case

If Mrs. A & Mrs. B are sister in law and their names are same. Mrs. A has an account in a Bank and the chequebook is in home (open to all in the safe) the Mrs. B tear a pcs of cheque leaflet and fill the amount and withdrew as self cheque (the signature is in local language, the bank teller can only able to match the design of signature, as both of he sister in law sign in local language) 

 

under what law we can charge to Mrs. B and if this fradulent is being caught after a long years than can Mrs. file a case against Mrs. B

 

Please do reply.

 

Thanks & regards



 3 Replies

cyberlawyer (barrister)     04 March 2011

the bank teller can only able to match the design of signature..

You yourself answered your own question. In most cases if there is a signature mismatch, the banker will not give money. But if the signature matches, he will give money and he is not liable if any issue arises . Only if you can prove that there is a signature mistatch and the banker has been negligent in not veriying the signature properly, you can hold the banker as well as the drawer liable for their acts.

Hon'ble members correct me if i am wrong...

Moreover i dont know under which sec. of NI act this offence is punishable...

RAJU O.F., (Advocate)     05 March 2011

Mrs.A can prefer a criminal complaint against Mrs.B for forgery.  She can also request the bank to reverse the unauthorised debit; if they refuse, she can file complaint before Banking Ombudsman or Consumer Court.


(Guest)

Dear Shiv Shankar,

 

I agree with Mr. Javid Nazeem. Even in respect of Mr. Raju's contention, Banking Ombudsman may also not be able to ask the banker to reverse the transaction, what to say of he banker himself, unless proved unauthorised debit and forgery would have been proved against Mrs. B.


However, I am sure law of limitation would also come in to picture if the case is filed after a long years, and the question would definitely arise, why the forgery could not be identified when the account holder was having the facility to get the bank passbook updated any time or would get the periodical/monthly statement from the bank on regular basis, if no passbook system was there, or on asking from the bank.

 

PS Dhingra

Chief Executive Officer

Dhingra Group of Management & Vigilance Consultants

New Delhi-110089

Mobile: 09968076381

[dcgroup1962@gmail.com]


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