Legal Question in Banking Law in India

A person withdrew money from the cheque bearing my signatures, but the cheque was for self & there were no signatures of mine on the back side of the cheque.

Further bank didn't asked any I D proof of that person, Sir how such a big transaction can be done without any ID proof of the bearer of cheque.

Can I sue bank in this case.


Asked on 2/05/14, 1:23 am

2 Answers from Attorneys

Dear client,

If you sue the bank, the case will not be effective. Since it is writen self, the bank will pau to the person in good faith it is the account holder who is coming and withdrawing the cash in person. Bank wil compare your signature on the cheque with the specimen in bank and issue cash. The bank can not be blamed in any way. If a persons name is written on the cheque the bank will ask for id proofs. In self cheques the signature on the back of cheque is mandatory. File a complaint before the police and collect evidence from the security camera in bank and realise the amount from the culprit. Bank n not be balamed. If need any clarification call me on 09387714156 anytime. ( Reasonable Professional fee has to be paid for clarifications over phone, by account transfer.).

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Answered on 2/05/14, 2:02 am
Fca Prashant Chavan Expert Edge LLP

06.02.2014

Dear Sir / Madam,

If it was a "Self" cheque bearing your signature, it is mandatory that the issuer of the cheque has also to sign on the reverse of the cheque. The bank is liable to pay back the amount encashed on the cheque to you, if the cheque does not bear your signature on the reverse.

Regards,

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Answered on 2/06/14, 4:49 am


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