Legal Question in Banking Law in India

dear sir,

I am a banker. while crediting the proceeds of a cheque the cheque number was entered instead of the amount. As a result of which an excess of Rs 5 lac was credited to the parties account. All the money has been withdrawn through ATM by the customer. The customer refuses to accept that any proceeds of the credit was withdrawn by him. No information regarding loss of ATM was given to the bank. Can the bank recover the excess credited amount from the said customer and how...?


Asked on 5/17/12, 7:37 pm

2 Answers from Attorneys

J. Radhakrishnan independent Practice

Only recourse is to file a suit against the customer, whether or not he personally drew the amount or any other person misused his ATM card.

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Answered on 5/17/12, 8:02 pm
ranganathan raghavachari R.Ranganathan & Associates

Yes. You file a case against the customer for recovery of the amount. He cannot escape punishment. He will have to answer the law. Contact me at [email protected]

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Answered on 5/18/12, 12:35 am


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