I had given out some cheques to document collection executives who come and collect KYC and cheques for loan processing purposes. On one of these, which was meant to be a post-dated cheque for the loan institution to be used in case of a missed EMI, I had marked the cheque as account payee and signed it, but hadn't filled in the account name. Recently, this cheque got misused and an amount of INR 30,000 was withdrawn from my account using it and credited to a personal account. I went to the police station but they denied to take my case saying that it is just negligence on my part and they can't do anything. The bank advised me to seek legal counsel to see what options I have.
1. approach higher police officials to register your FIR against the bank executive who collected the cheque,
2. if not registered approach the Court for registration of FIR as envisaged u/s 156(3) CrPC,
3. serve a legal notice to the bank and the person in whose account the cheque got credited, with copy to RBI, Vigilance
You need to first send a legal notice to the bank to whom you have handed over the said cheque. Also send the legal notice to the person in whose account it is credited. You can file a consumer complaint against the bank to whom you gave the cheque and also file cheating complaint against the person in whose account the same got credited
File complaint against bank before consumer forum and seek orders to direct bank to credit your account with Rs 30000
2) seek litigation costs and compensation for mental torture undergone by you
See you can file a complaint with police of cheating and breach of trust if police fail to take up the matter file a complaint before magistrate and against bank you can file a complaint with banking ombudsman.
Dear Sir,
you can get issue a legal issue notice and ask him to refund or-else to face criminal complaint before the Magistrate directly.
Hello,
Send a complaint to the police by post and if they do not lodge a complaint after that then on the basis of the said post that has been done by you, you may go ahead and log a complaint before the magistrate thereupon requesting the magistrate to direct the police to lodge an FII are under the relevant section.
Get in touch with some local advocate who may help you in filing the complaint
regards
1. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person,
file a private complaint saying that the cheque has been stolen by someone one which is submitted by you to document collection executive for loan purpose.
This is a clear case of cheating, police cannot refuse to file FIR. Go to SP office, FIR will file against bank, collection executive and unknown person.
I had taken 2-3 loans and there are 2-3 possible suspects in terms of the cheque collection executives who may have taken the particular cheque number that got cleared. Is it still possible to take action in this case if I do not have clearly have an exact suspect (in terms of who collected the cheque)? The person whose account the cheque got credited to should still be trackable based on the account details to which it was credited, right?
Through Account, accused will be traced. Just file FIR.
The person to whose account cheque was credited would be traceable and most likely to have misused the cheque
See even if it is not clear you based on your suspicion and reason the believe can file a complaint. Yes based on account it is credited in the person can be identified.
You Must track the person in whose account the amount has been transferred and thereafter you will have to lodge a complaint against the said person
Yes he should be tracked on credit details
- Since, the cheque was collected for the purpose of advancing loan , it should not be misused by the collection executive without your permission and consent.
- Try to trace the account , where you amount has been credited and take action even with him as well.
- As , the police refused to lodge your complaint against the said executive , now you should send your complaint to the higher official of the said bank/loan agency , and one copy to the police station by registered post.
- Further, send a legal notice with the said police complaint after narrating the compelete details of cheating by the collection executive and further ask them to refund your deducted amount with compensation .
- If, no reponse , then you should file a complaint with the Magisterate of your jurisdictoin on the basis of aforesid complaint and legal notice.
- You will get relief and refund your amount.
You get the details of the person who encashed the cheque and give a police complaint against the said person stating that you do not know the person whereas the cheque was given to the company for EMI purpose but it has been misused by some miscreant whose details are given below hence you may initiate necessary action against the said culprit, let the police refuse to accept the complaint you may approach the higher police officer with a similar complaint and request for intervention and direction to the concerned police for proper legal action ion your complaint.
You were advised to approach the bank which has the particulars of the person to whose account this amount was transferred, after getting the details you may lodge a criminal complaint against the miscreant with the police for further necessary legal action on this.
Dear Client
You should make written complaint in all the banks from which you have taken the loan about misusing of the cheques given to them. In this case bank can file FIR for misplaced cheques and also check if there are any other cheques which are missing.
Also send a complaint drafted from some Lawyer to SP about fraud done against you by withdrawing the money from cheques given to bank.
