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Bobojit Taid   22 August 2018

Banking problem

need urgent response. 

can cheque written as pay to myself is withdraw by other person! I have 
given cheque for fixed deposit as pay to myself but bank employee has withdraw the money towards cash payment and now local police station is also not accepting F. I. R. and saying that O. C. said that he can't lodge report without evidence!! kindly give solutions



Learning

 2 Replies

Dr J C Vashista (Advocate)     22 August 2018

Unbelievable story. How can a banker withdraw money from a "self" cheque??

However, if there is some truth in the query consult and engage a local lawyer for better appreciation of facts, analyse, guide and proceed.

1 Like

G.L.N. Prasad (Retired employee.)     22 August 2018

Generaly Cheques are drawn

Pay....................to or bearer,

in case of self cheques also, 

Pay self or bearer

Banker is discharged in paying it in due course to the bearer as once bearer always bearer is the law.

 

In case of fixed deposits, the proper course should be

Pay yourselves.or bearer, duly crossed.

with endorsement on the bank for making fixed deposit for a period of ............months/years in the name of ..................

 

When the payee is known, and if it was collected by an employee, bank takes the case very seriously in Vigilance angle, and without hesitation issues show cause notice and even suspends the employee, as Bank always takes serious action even in minor fraud.

 

The proper course for remedy is calling CCTV footage and copy of such paid cheque under RTI and equipped with that information, lodging a complaint on line to the bank and to RBI through pgrms portal.

If the bank fails to take action, it will be viewed very seriously.

Waiting for 15 days and then making complaint before Banking Ombudsman and also in District Consumer Forum seeking compensaion for deficiency of service and harassment.

The only thing to be established is whether cheque was handed over the FDR application/challan and any thing is written as endorsement on the back of challan directing the bank to usage of the cheque amount, and whether the person who has received the payment is a bonafide payee and also employee that is concerned with such deposit section (that is empowered to receive such cheques for making deposits)


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