Legal Question in Banking Law in India
check cleared inspite Signature mismatch
A friend of mine working with a
bank needed to complete the
target asked me to open an
account at his bank. He was
bothering me for a long time. At last
I gave him a check with wrong
signature. The problem is the my
Bank cleared the check without
verifying the signature which I am
absolute sure is not same as in the
account. It is obvious, I didn't owe
the money & I didn't want the
transaction to go through. Can I
take any legal action against my
Bank as it is a question mark on
their part on securing my finances.
4 Answers from Attorneys
Re: check cleared inspite Signature mismatch
Yes but the Facts can go against you and you can also be booked.
Re: check cleared inspite Signature mismatch
The legal action may not be fruitful because you have not lost anything. It is at the best an administrative lapse and you may point out the same to higher authorities in the Bank; If you so choose, you may also write to the Banking Ombudsman.
Re: check cleared inspite Signature mismatch
As long as it is your cheque notwithstanding mismatch of your signature you have nothing to complain. You have a duty not to mislead a bank. As you sow so you reap. Don't indulge in this kind of pranks and try to shift the blame on bank.
Re: check cleared inspite Signature mismatch
Although it is wrong on the part of bank, your statement discloses that your have issued cheque intentionally putting wrong signature so that banker may believe on it. Your both acts such as issuance of cheque and putting wrong signature make you liable. In case cheque is bounced, you could also be held guilty under dishonesty.
Don't think about legal remedy as it is contributory wrong and negligence. You may suffer, so remain cool and live happy. After all you have lost nothing.
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