Legal Question in Banking Law in India

suspected forgery

A takes a cheque from B without his knowledge .he scribbles in the place for signature on the cheque.It has no comparison at all with the signature of B.A gives it to C .He presents it in a bank.What is the reason Bank should give in the return memo?

1.Signature differs.

2.Suspected Forgery.

What is the difference among the two with respect to the situation mentioned?


Asked on 11/24/08, 11:36 am

5 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: suspected forgery

Signature differs is the answer.

Read more
Answered on 11/25/08, 6:04 am
Nasir Butt Nasir Law Associates

Re: suspected forgery

Bank is not supposed to mention "suspected". It is beyond to scope of a banker. Banker may return cheque referring to drawer or signature differs and nothing else.

Read more
Answered on 11/25/08, 8:51 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: suspected forgery

Signature differs in the cheque.

Read more
Answered on 12/23/08, 5:24 am
J. Radhakrishnan independent Practice

Re: suspected forgery

Banks won't return it with the remark of suspected forgery, but would return it as signature differs or refer to drawer.

Read more
Answered on 11/24/08, 1:25 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: suspected forgery

The bank has no obligation to arrive at any conclusion for "suspected forgery"; such a conclusion may be drawn by the drawer of the cheque and he may file a complaint with the police. However, the bank should return the cheque with the memo "signature differs".

Read more
Answered on 11/24/08, 6:47 pm


Related Questions & Answers

More Banking Law questions and answers in India