Legal Question in Banking Law in India
suspected forgery
A takes a cheque from B without his knowledge .he scribbles in the place for signature on the cheque.It has no comparison at all with the signature of B.A gives it to C .He presents it in a bank.What is the reason Bank should give in the return memo?
1.Signature differs.
2.Suspected Forgery.
What is the difference among the two with respect to the situation mentioned?
5 Answers from Attorneys
Re: suspected forgery
Signature differs is the answer.
Re: suspected forgery
Bank is not supposed to mention "suspected". It is beyond to scope of a banker. Banker may return cheque referring to drawer or signature differs and nothing else.
Re: suspected forgery
Signature differs in the cheque.
Re: suspected forgery
Banks won't return it with the remark of suspected forgery, but would return it as signature differs or refer to drawer.
Re: suspected forgery
The bank has no obligation to arrive at any conclusion for "suspected forgery"; such a conclusion may be drawn by the drawer of the cheque and he may file a complaint with the police. However, the bank should return the cheque with the memo "signature differs".
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