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Dharmesh Manjeshwar (Advocate/Lawyer)     20 June 2009

Fraud played by a Bank

I deposit five cheques of Rs. 1 lakh each of a client who is situated at Bhadohi, Uttar Pradesh  with my Bank ' A '  Branch - Mumbai. The said five cheques are drawn on Bank ' B ' Branch - Bhadohi, Uttar pradesh.

The said five cheques return back unpaid to me at my Bank in Mumbai alongwith cheque return memo of Bank ' B ' Bhadohi Branch stating reasons ' signature of drawer required on cutting '

Surprisingly the dates on all five cheques had been altered., i.e., the original date was cancelled, a new date was put and cross signed then this too was cancelled and the original cheque date was written once again with a counter sign.

I had kept copies of the five cheques prior to presentation and there were no cancellations ...... immediately ask my Bank ' A ' for clarifications ... my Bank ' A ' too had removed photocopies of the five cheques prior to sending them to Bank ' B ' Bhadohi, U. P., and they find no alterations on the dates .... my Bank ' A ' issues me a certificate stating that the five cheques did not have any alterations when they were deposited with them as they had removed photocopies of the five cheques prior to sending them to Bank ' B ' Bhadohi, U.P.,

I personally issue notice/s to Branch Manager of Bank ' B ' Bhadohi, U.P. but there is no reply ..... I issue notice/s to my client u/s - 138 of the N. I. Act ....... I issue notice/s to higher authorities of Bank ' B ' .... there is no positive response .....

my questions are

will my complaint u/s - 138 of the N. I. act stand in court since the reasons in the dishonour memo of Bank ' B ' is stated as ' signature of drawer required on cutting '

what do I do to punish the unscrupulous official/s of Bank ' B' who are responsible for these acts.

can i put these facts before the media since none of the higher authorities of Bank ' B ' are responding to my complaint/s. 



Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 June 2009

signture of the drawer required does not attract the NI Act.   U have to file a private complaint against the banker and the drawer for cheating, because u have got good documentary evidences which have issued by your banker.

Jinendra Lal Jain (Advocate)     20 June 2009

Lodge a complaint under section 420 IPC against the drawee banjk in a competant Court. A FIR may ne suggested to you after going through the electostatic copies of the original cheques recd by you and deposited by you in your bank and of thecheques returned to you with memo.

yours

(Jinendra Lal Jain)

advocate

Swami Sadashiva Brahmendra Sar (Nil)     20 June 2009

My friends are right. You should lodge an FIR for forgery and cheating.

 

Dr. V.N. Tripathi, Advocate, Allahabad High Court. Mob: 9839527421

 

 

Dharmesh Manjeshwar (Advocate/Lawyer)     20 June 2009

sir, lodged a written complaint with the local police station ..... were even called by the SHO .... ...... but they argue that whatever happened was in Bhadohi .... so we should go there and file complaint .......  i've even explained them that since consequences have followed here ... they too have jurisdiction ..... further they fail to understand that it is a criminal matter ..... they advise us to go to civil court ... that's how well trained our police officers are ?????

Swami Sadashiva Brahmendra Sar (Nil)     20 June 2009

normaly the police adopts such course of action . if you further insist by complaining to higher officers, they probably transfer the investigation to Bhadohi Police. Therefore send a registered complaint to the senior police officer/SSP and thereafter file a complaint before the Magistrate u/s 156 (3) CrPC.

B.N.Rajamohamed (advocate / commissioner of oaths)     21 June 2009

 

You can file a private complaint before the magistrate court against the bank authorities U/S 200 Cr.P.C. and can seek the direction from the magistrate for the case to be investigated by the police U/S 156(3) Cr.P.C. FOR SUCH A FRAUDULANCY AND FORGERY COMMITTED BY THE BANK. Yoiu can also place the matter before media inorder to caution the other depositors in particular and the public in general. But YOU CANNOT maintain a case U/S 138 N.I.Act because, the reasons stated for the dishonour doesnot suit the ingredients for offence under section 138 of the Act.


Dharmesh Manjeshwar (Advocate/Lawyer)     25 June 2009

Dear Friends,

This is to inform you that I had filed 138 proceedings before M.M. Court in this fraud case and guess what .... ? process has been issued u/s - 138 of the N. I. Act against the Accused persons .... .... there were many conflicting opinions whether process would be issued u/s - 138 or not because of the reasons stated in the memo of the Bank ' B '

 

Dharmesh Manjeshwar (Advocate/Lawyer)     09 July 2009

Dear Friends, Well after I filed 138 procedings against this client, there has been another blunder concerning the same parties ..... We had deposited 3 more cheques of the same client stationed at Bhadohi, U.P. with SBI, Mumbai ........ the 3 cheques were drawn on SBI, Bhadohi Branch, U.P.  For 4 months there was no response  from the SBI, Mumbai ... only answer we got was that the 3 cheques have been sent to SBI, Bhadohi ..... we sent numerous reminder ....... We filed complaint with Banking Ombudsman at Mumbai against SBI, Mumbai ..... SBI, Mumbai received reply from SBI, Bhadohi that they have not recieved the 3 cheques ..... theafter after about 61/2 months we received the 3 cheques by post from SBI, Mumbai with SBI, Bhadohi Branch memo stating reasons ' cheques invalid ' we thereafter met Branch Manager, SBI, Mumbai and he stated positively that SBI, Bhadohi Branch is playing fraud and he has received proof of delivery from department of posts that the 3 cheques had been received by SBI, Bhadohi .... on written application by us SBI, Mumbai has given us copy of the proof of delivery obtained from department of posts .... I have givennotices to SBI, Bhadohi and the client also ... Can I file 138 N.I. act complaint against the client .... the last fraud case was accepted ..... how about his one ..... I have filed complaint with Banking Ombudsman, Kanpur against SBI, Bhadohi Branch and await their reponse ..... 

Dharmesh Manjeshwar (Advocate/Lawyer)     10 August 2009

There's no response form the Banking Ombudsman, Kanpur, I want to file criminal complaint. Question is who do I make as the Accused, the Branch Manager, Bhadohi Branch & the Drawer/s of the cheques and can I make the Board of Directors of SBI also as accused and/or the M.D., of SBI, Local Head Office under whose administrative jurisdiction SBI, Bhadohi Branch functions..


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