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.


Asked on 11/04/08, 5:56 pm

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: check cleared inspite Signature mismatch

Yes but the Facts can go against you and you can also be booked.

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Answered on 11/11/08, 5:57 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 11/04/08, 6:20 pm
J. Radhakrishnan independent Practice

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.

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Answered on 11/04/08, 9:33 pm
Nasir Butt Nasir Law Associates

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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Answered on 11/05/08, 3:55 am


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