• Passing of cheques

I was working as a clerk in SBI and during my initial days my accountant came to me and give me 25 crossed cheques and asked me to give him cash against them but when I told him that these are cross cheques and I cannot give you cash then he told me that I have written pay on these cheques and you have to pay me . so I have paid him the total amount amounting to rs 5 lakh . I have complaint this to my branch manager also but no action taken. Later the party files police complaint regarding cash payment of cross cheque. Sir kindly help me can 420 case can be filled against me for that and all the concerned cheques have been passed by the accountant only.
Asked 1 year ago in Criminal Law from Bangalore, Karnataka
Religion: Hindu
1. Under no circumstances you should have made the payment in cash if the cheques were generally or specially crossed.

2. Your prosecution for s.420 can be launched by the drawer or payee. You should contest the case on merits by taking the defence that the cheques in question have been passed by the accountant. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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1. Yes the case can be filed against you as well.
2. Go to the police speak the truth. The police may spare you if the investigation supports your version.
3. Bring this to the notice of the higher authority in writing as well.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
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Is an FIR lodged with the police under sec.420 IPC against you?complaint was against whom?
The bank is prima facie liable for the same.
you can shift liability as you did not do it your own, and there is no loss caused to bank but obviously there was a jumping of procedures.
If the bank finds you guilty , it will create trouble.
The party cannot file 420 against you  and since you were entrusted with the duty to give cash and you were aware that the cross cheque cannot be issued cash it is a negligence from your part.

Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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Hello,
1) There cannot be a case under sec 420 in the current instance.

2) if the person made a police complaint the bank is liable and not yourself as an individual. OfIf you are being singled out take the position that the accountant was the one who passed the check and you had complained to the manager.

3) Legally you ought to have refused to pay with the crossed checque being presented and brought the matter before the manager without making payment.

4) Co operate with the investigation and if a case is filed in the court engage a lawyer to assist you
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. The cheques have been passed by the accountant and those cheques were crossed cheques,

2. Crossed cheques man crediting the payees account only and not making payment by cash,

3. Were the cheques drawn on the accountant's name? If not then why did you and how could you pay him the amounts mentioned in those cheques drawn on some other names?

4.  While paying the amounts to the accountant, did you take his signatures acknowledging rceipt of the said amounts? If yes then you have a chance to defend yourself,

5. If you have not taken the receipt from the accountant as a proof of his having acknowledged receipt of the said cash, then you have  grossly violated all norms and rules of the Bank for which you might face serious trouble,

6. If you can prove that the accountant has taken the said amunt hen you have some hope to partially defend yourself. 
 
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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1. The accountant's signature does not state that he has advised you to pay cash to two persons against crossed cheques drawn on other persons,

2. This is totally absurd apart from being illegal,

3. It will be prudent on your part to get he matter settled with the complainant in our own interest.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. Police is now investigating in to the complaint,

2. Soon, the fact hat you have illegally  paid to two persons Rs.5 lakhs without any authority will be clear before the police for which they will register FIR and will certainly arrest you for cheating the drawer of the chques,

3. Meet the drawer immediately and try to get the matter settled to avoid future trouble of very serious nature which may cost you more than Rs.5 lakhs and may not exclude jail terms.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Your case is an example of ignorance of law.  Ignorance of law cannot be claimed as exemption from the offence.  What you have stated that you were told by the accountant to pay to  some totally irrelevant persons that too an amount of Rs. 5 Lakhs is unbelievable. Even an uneducated person will have his own doubt,whereas you have take the appointment after passing various skill tests and examinations, interviews, so it appears to be folk tale narrated here. 
No doubt the accountant will also be held for having passed it, whereas it was your duty to confirm the person receiving the money, that too it is ridiculous that payment for 25 crossed cheques were paid to only two individuals.  This can be considered as a high handed and well planned scam,cheating and conspiracy.
You wait for the summons from police and sooner you get one, you may apply for anticipatory bail, get enlarged on bail and then contest the case before the trial court on the basis of merits in your side.
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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Though what you say now cannot be taken as defence but you seem  to be too innocent.  In the present  situation nobody will be so  much frightened about their superior officer.  He was after all an accountant, you could have reported the matter to the  Branch  Manager or to the  higher authority  after refusing to obey  his instructions. 
All your statements will go against you.  There cannot be any  solution to this except that you have to admit that it was under pressure and threat by accountant that you were forcibly made to involve in this scam.
Thus as suggested, you can first obtain anticipatory bail before attending the inquiry session by police on being summoned and after obtaining AB, you may challenge the case.
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
1. You should have the basic working knowledge about making payment  against crossed cheques,

2. You can not pay the amount in cash to Mr.X when the crossed cheque was issued to Mr. Y and for this no circular is required,

3. An accountant of a Bank can not isue Memo or spoil service record of a Bank clerk. No body will accept this theory of yours. The  Union of the Bank Clerk is all powerful to dictate terms in the Bank which is known to all and sundry,

4.However, you can tell your said stories to the Police when they come to you to their amusement,

5. Engage a local lawyer having expertise in service matters to defend you in the instant case.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. Since the investigation is on the FIR May be lodged at anytime which may follow your arrest. It is in your interest to seek anticipatory bail as this is your best opportunity to seek it. You will never come to know that police is on its way to arrest you.

2. Once the bail has been obtained you can contest the case on merits.


Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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You will get an equal opportunity to prove your innocence in the court. However, at this stage the emphasis should be on getting bail as guilt or innocence is decided only at the culmination of the case by the court.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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