Legal Question in Banking Law in India

Once a cheque is issued and debited from my account, is there any legal way to claim it back, in case of a miss use or fraud done with my cheque? For example if the name of the person to whom i issued a cheque is changed to different person's name (in a way that the forging is not visible).

I just need to know if there is a legal way to even do this.


Asked on 3/05/13, 1:35 am

4 Answers from Attorneys

Setu Niket Curare Legal

File criminal complaint for forgery. A qualified forensic expert can even detect such forgery.

Kind Regards

Setu Niket

Advocate

Delhi High Court

+91-9873109672

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Answered on 3/05/13, 1:48 am
Fca Prashant Chavan Expert Edge LLP

05.03.2013

Dear Sir / Madam,

It is the responsibility of the teller passing the cheque at the bank to verify whether the payee details have been fraudulently changed, and to stop payment of that cheque and refer to the drawer.

You can lodge a complaint for recovery of the amount wrongly debited to your account by the bank.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/05/13, 5:16 am
Jayesh Desai Jayesh Desai

It is the bank's responsibility to verify that no alteration has taken place on cheque. If you are able to prove alteration, you can recover money from the bank.

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Answered on 3/11/13, 1:43 am


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