Legal Question in Civil Rights Law in India

Dear Sir,

I Radheyshyam Raghunandan Kushwaha, would like to seek an information regarding Bearer Cheque Payment Process of the Banking System in the above cases, of which the facts are mentioned as below.

1) One of my Personal Saving Account Blank Cheque No. 101278 which was duly signed by me for my family expenses which I usually leave during my business tour got lost in my house, assuming that it may be lost in the files, I requested my Branch, HDFC Bank � Chowk Branch to STOP Payment of the above said cheque, so as to avoid misuse of the cheque, In which bank seeked personal clarification from me and then and only then did it allow the STOP payment of the above cheque on 14-09-2007.

2) I was in Business Transaction with Mr. Birendra Kumar Sharma for Purchasing his House in Lucknow, for which we are tenants first, during this time Mr. Sharma used to our house frequently, as he was the landlord we could not say anything.

3) After Nearly 8 Months of Agreement in which Mr. Sharma has changed his mentality after receiving half the amount of house sale, he started to avoid executing the house deed after several request and finally pressurization from bank officials to execute registry in my name did Mr. Sharma executed the House Deed on 20-03-2008.

4) On 10-06-2008, I receive a legal notice Mr. Virendra Kumar Sharma that I have taken a loan from him of Rs. 10 Lacs for Business Need on 28-03-2008 just after 8 days of execution of sale deed would ask a a loan with no papers nor nothing, In which he has issued a Bearer Cheque in Name of Radheyshyam Kushwaha drawn on Canara Bank via Cheque No. 964514 on Dated � 28/03/2008, and have given him a Saving Cheque for returning the said amount, for which 138 NI Act case was registered latter, after receiving this legal notice that I came to know that Mr. Birendra Kumar Sharma who has stolen my cheque.

5) This is the background of the above situation, and my request is to you to clarify on the above 2 Matters.

a) During the Trial Court it was said that when the cheque was lost I should have registered an FIR for the same, but when you are not sure is actually the cheque stolen or lost, by requesting to STOP Payment didn�t I did the right thing, being a businessman and never been involved in court or police matters in my life nor did I possess knowledge of the same, been banking for the last 35-40 years odd I have always followed the same procedure as guided by the bank. Also the fact remains that after 8 odd Months of the Cheque has been STOPPED after registry of the house and with the the intention of extorting more money from me, did Mr. Sharma planned this scheme.

b) After the Case was registered in court, during the trail when my lawyers demanded the said cheque to be presented in court, after much delay was it represented, in which it was written in hindi Radheyshyam Kushwaha, on the back signature in hindi as Radheyshyam Kushwaha was signed twice. My signature has been same as filled in my ITR, PAN CARD, BANK, PASSPORT all the documents that I have ever signed, so how can one say that I�m the same person. During the cross examination of the cashier who was actually a clerk filling in during absence of cashier, denied to know the process of the Bearer Cheque Payment. As read and researched by me through various websites, banking & law books, RBI Guidelines and query from Bank and even making a 10 Lac Payment from my account to seek information and procedure how does a 10 Lac Bearer Payment is made, I have come to know the above facts.

1) Photo Identity Proof of the person is needed to confirm that this is the same person on whom the cheque is issued (This has been absent in this case).

2) Clarification/Confirmation from the Account Holder is required to confirm the transaction (which also is absent)

3) When I made 10 Lac Withdrawal from my bank, a letter for reason and explanation for withdrawing 10 Lac was asked from me, after querying for the same the bank officials explained me that they have to submit A letter for withdrawing amount of 10 Lacs is written to the RBI for the information of transaction of 10 Lacs & Above either for Withdrawing or Depositing the same the specific reason and the source of amount has to be mentioned in the letter which is taken by the banks and submitted to RBI commonly known as CTR Cash Transaction Report, As it has been made mandatory by the Reserve Bank of India that the transaction of 10 Lac & Above is reported to Financial Intelligence Unit-India (FIU-IND), as required under the Anti-Money Laundering guidelines for which failure to comply the same The Reserve Bank has imposed a monetary penalty of Rs 1 lakh on Kheda-based Pij People's Cooperative Bank also the Bhabhar Vibhag Nagrik Sahakari Bank Limited, of district Banaskantha, in total 11 Banks alone in Gujarat were fined by RBI for not following the Apex Bank Directions of Year 2002 which is related to violation of anti-money laundering guidelines for not filing of Cash Transaction Report (CTR) with Financial Intelligence Unit-India (FIU-IND), New Delhi.

4) Even leaving all the process aside a fact cannot be understood that after taking 10 Lac in bearer amount why one will return the same amount in A/c Payee Cheque which is highly impossible, I have been filling ITR for the last 20 odd years knowing that I have to show every transaction, nor did in my accounts, bank statement or anywhere in my Accounts the said money was reflected or used.

5) Facing the above situation this Matter is now in High Court, It is my request to you to kindly see in the above matter and help me in the above matter by clarifying the the process of 10 Lac Payment done by Canara Bank, after the bank has neglected all the above rules. This is a conspiracy to wrongfully frame me, I seek from you legal documentation or what so ever document or reply, which can be used as evidence in high court which will give me a fair chance to represent my story in the court and seek justice.

Hoping & Awaiting your kind reply for the above matter at the earliest.

Kindly to the needful.

Regards

Radheyshyam Kushwaha.

Lucknow � 226010.

Mobile No. 09793172848.


Asked on 7/06/13, 8:10 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

In a pending litigation, your lawyer can provide you best possible advice.

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Answered on 7/07/13, 12:18 am
Fca Prashant Chavan Expert Edge LLP

07.07.2013

Dear Radheyshyam,

As per your query :

1). Cheque No. 101278 dated ____ drawn on HDFC Bank was stopped from payment release on 14.09.2007.

2). The landlord Mr. Birendra Kumar Sharma offered and agreed to sell his house in Lucknow to you and complete the necessary formalities before 13th May, 2008 (8 months) notwithstanding that the rent for the period from 14.09.2007 till the Agreement is executed and registered remains payable by you to Birendra.

3). The Agreement for Sale was registered on or around 20.03.2008 by which date the agreed balance purchase consideration for the house ought to have been paid by you to Birendra. If you did not settle the balance purchase consideration on or prior to 20.03.2008 or for that matter before 13.05.2008, the Agreement for Sale (contract is rescinded) is terminated, and your status continues to be that of the tenant with the initial purchase consideration amount paid by you to Birendra be adjusted against future rentals, or be refunded back to you.

4). If you had failed to pay the remaining balance purchase consideration to Birendra, presuming it is Rs. 10 lakhs which is still outstanding, he has treated it as a loan due from you to him in his books of A/c and sent a legal notice to you returning back the initial purchase consideration (half) amount that you had paid to Birendra prior to the registration of the Agreement for Sale vide a crossed Canara Bank A/c payee cheque.

Having understood my observations as above and reading your petition further, I hereby conclude that you failed to pay and settle the balance purchase consideration to the defendent and proceed for final order.

a). Your submissions to this District Magistrate Court are false and baseless;

b). I rebut your submissions here, as the Cashier in the bank knows the procedure for passing a bearer cheque.

Your further submissions (1-5) to the Court are only procedural in nature.

Regards,

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Answered on 7/07/13, 2:39 am


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