Legal Question in Banking Law in India
Fraudent Demand Draft
one of my customer has given me a Demand draft for my service of one lakh, It has been cleared and i have also used that money. Now there is no way to find out actually who issued that DD as it will be from bank . I tried to find out from my bank that who issued the DD but they where not able to find out. Now i would like to know that if suppose that DD is Fake then who is liable in this case. And Is is possible to Clear a FAke DD as one of my friend was telling that there many Fake DD's issued from delhi and my client is from delhi only. If it is possible to issue fake DD then whos liability comes under this situation. Please Guide me in this.
Thanking you
2 Answers from Attorneys
Re: Fraudent Demand Draft
In such cases your liability can only arise if you have knowingly banked a fake draft. Please keep complete record from where you got the check and why. In India we have seen people get Judicial Custody if the investigating officer names you as one of the accused. Though in the long run you will be acquitted short term trouble can not be ruled out.
Re: Fraudent Demand Draft
Considering your question, it is possible that the DD was genuine and you are unncessary being panic on 'hear say' , except you have come to know fact that the DD was fake. Since you are direct beneficiiary from the said DD you need to keep all your evidence ready like service agreement with your client, invoice, confirmation by cleint, their comunication sending DD etc. to prove your innocenc, in any case you are nowhere be implicated into case if you have all evidence and your client is 'not absconded' , legally you may have to shell out money once it proves that this is part of forgery case but you have to save yourself from criminal proceedings
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