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annonymous (na)     24 March 2013

Full proof solution to cheque lost problem?

Hi

Few   years back  an unsigned  cheque  book of my friend was stolen/lost .   He  did  register  fir for lost /stolen  cheque book which did not help him much  ... But  later someone  misused his cheque book  with fake signatures  and got him trapped  in 420 ipc  case claiming he  charged money  to send him abroad ... He had  to spend lot of time in jail and trial is still going on ...

 

after that incident  i learned  cheques  are  most foolish thing  to use  in country like india .. So i did not use  any cheque at all  from past  2-3 years and paid  bill/everything by cash  ....

Now   few months ago according to rbi notification banks were intimated to  replace existing cheque books with cts cheque books ..so  some banks sent cheque books to all of the  its accountholders . (even if you did not request it , they sent cheque book automatically )... Unluckily  bank sent cheque books to all of my  family members who have account with them .. which we did not recieve  ....

now pls provide me full proof plan so that my family donot get trapped due to   negligence  of  bank (who posted cheque book without consent)  or negligence  of postal department (who did not deleiver cheque book).

Thanks



Learning

 5 Replies

Advocate Sastry (Advocate)     24 March 2013

First please tell why your friend has been jailed. Has he not given report of lost cheques book to bank?  Why you are afraid of using the cheque books ? Please inform the bank that you did not receive the CTS cheque books.  Menawhile give all details for us to understand.. Without full details we cannot guide.

annonymous (na)     24 March 2013

Originally posted by : Advocate Sastry

First please tell why your friend has been jailed. Has he not given report of lost cheques book to bank?  Why you are afraid of using the cheque books ? Please inform the bank that you did not receive the CTS cheque books.  Menawhile give all details for us to understand.. Without full details we cannot guide.
  • I donot know about  exact case but i was told  that someone stole his cheque book and  signed his fake signatures and then later on claimed that accused  gave cheque with fake signatures to complaintant....he did report to bank/fir/public notice .. but these things did not help him much and complaintant was successful in registering the complain ..( he might be  acquitted in future  by court , but fact is  he suffered lot of mental pressure etc.) . So according to my understanding cheque/ chequebook can be  misused to drag you in false  case even if you reported them as lost in newspaper/police etc .
  • I told bank   manager  that i did not recieve cheque books  sent to us by post  .then he   insisted me to cancel the existing cheque  books and he will get me new cheque books free of cost ..I refused the offer stating that cheque is  legal instrument   and even if  stop  payment order is placed on it , its legal value  is not  eliminated  and it could be miused  using fake signature's (explaining him wat happend in my friend's case)... then he said he will try to trace those cheque books from postal deptarment

now  my question is if postal deparment fails to find those cheque books what  what  should i do after cancelling cheque books   to prevent any legal misuse of the cheque books ...?

  • should i ask  post office/bank to  provide me letter stating  facts that  they sent me cheque books which is lost in mail etc ?.
  • should i give public notice/fir etc  regarding it ?
  • is there anything else i need to do  eliminate legal risks 

Please guide me . as your replies will help  thousands/lakhs of people whose cheque books are lost in  speed post/courier service and complaining on   consumer forums everywhere.

 

Thanks

Advocate Sastry (Advocate)     24 March 2013

Dear friend,

I find that some link is missing in your friend story.. If cheque/cheque book is lost, we should report to Bank and they record the stop payment in their books. When those cheques are presented with fake signatures banker cannot debit the cheques because Cheque were stopped and signatures are fake. There must be some other story which you are either not aware or not to divulge on the forum. It looks to me that if my friend meets an accident while driving two wheeler I should stop driving two wheelers

Regarding the CTS cheques be advised that all banks in india have replaced their cheque books for all their customers and the new cheques are effective from 1st April 2013.  If any acount holder is having a cheque book, the banks are replacing those old cheque books with new  CTS (Cheque Truncation System) cheques. Since you have not  taken delivery of the CTS cheque books, please inform in writing to the bank and take their acknowledgement. If every one in India are afraid of cheque books, banking system cannot work. You should take all precautions to keep the cheque books safely. and it is your duty to inform the bank when any cheque leaf is lost..

So please ask your bank to resend the cheque books whih were returned.. If you need further clarification please talk to your banker or you can write me.  

annonymous (na)     24 March 2013

Thank you very much sir ...

" Please note that  neither bank nor we  recieved   cheque books   . It is lost somewhere in  transit and speed post  showing status  failed delievery"

 Bank  agreed to provide me acknowledgement   that i did not recieve cheque  book (after conforming with post office )..

so is that acknowledgement  letter enough for legal safety  or  is there any need of public notice/fir   for lost cheque book 

 

Thanks

Advocate Sastry (Advocate)     24 March 2013

The returned cheque books will go back to their controlling centre.. Follow as per instrutions of the Branch Manager. As an ex banker I am guiding you that there is no need for public notice or FIR


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