visvishal Goel (prop.) 30 March 2012

Self cheque payment to third party

dear sir

I had given a self cheque of rs.1000/- (one thousand only) to third party. i had clearly mention one thousand rupees in word & digits. & ther was cutting in date. i had not sign on back of cheque. i dont know that person. he had present that cheque in bank. when bank clerk asking for correction than he has said , talk to prop. &he gave him his phone . after that the bank clerk passed the cheque . after two days when i went to bank & get our bank statement , i had founf ther is withdrwal of 90000/- (Ninty thousand rupess from my a/c. i had inform to bank manager . he told me give your complaint in writeen . than we will see it.

I informed him in writeen that i sign athird party cheque of rs. 1000/- (one thousand only) but ther is withdrwal of rs.90000/- (ninty thousand from my current a/c No ................ from your branch.

he replied , your cheque has been presented on cash counter & bank had done payment according to banking norms.

In next complaint , i demanded for scan copy of cheque from both side .

Now what i have to next in case .

kindly help me to resove my problem.

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5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 31 March 2012

Dear Goel,

Two things must have been changed on the cheque.(1) amount in figures, 1 must have been changed to 9 and another zero added.But after writing 1000,have you not put a fullstop or oblique.Then extending the figures will be difficult.(2) Now words one thousand only you must have written.Converting onw into nintey,is difficult.There will certainly be variations in the handwriting.I feel bank employee is also involved.Lodge a police complaint against the person to whom you have given the cheque and also against the bank,for negligence in customer service.Actually this amounts to fraud.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 April 2012

Dear Mr. Goel

first of all get the scan copy of the cheques and if you think that there is any froud, you can file a criminal complaint against third party whom you issue the cheque.

feel free to call

Rakesh Kumar Gupta (Chief Manager (Law)) 03 April 2012

Dear Mr. Goel

first of all ask the bank to provide certified autheticated photocopy of the cheque under RTI Act. After that ascertain if there appear any unathenticated cutting on the cheque. If there appear no cutting on the face of the cheque and everything is just smooth, the payment made by bank is in ordinary course of business as per the apparent tenor and you will not be able to do anything against the bank. In such a case you should take up the matter with the person to whom you had given the cheque whom you wanted to pay only Rs. 1,000/- and not 90,000/-

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In the issue before us please cause to issue a lawyer notice to the bank and request them to recredit Rs.89,000/- which was not to be debited to your account.