Cheque forged by drawee. Bank cleared it. How to claim compensation?


I had issued a cheque from my companyA/C on 8-01-05 and extended the date to 8-04-05 on request by putting my initials on changed date. I closed my company A/C on 26-09-06 and opened another current account.

 

Drawee converted cheque date year to 06 from 05 and presented, the bank cleared it from my new current account on 03-10-06 without my approval.

 

My appeal is in State Commission and date is 28-04-14. Will I get relief from the State Commission?

 

What should be my stand?

 

Answer

 

Since the matter had gone into appeal, we presume that all the grounds including the ground of tampering in cheque was taken at the time of evidence. Whatever grounds were taken during trial can only be taken in the appeal as a standard procedd.

 

You should take the stand already taken as well to ensure consistency and genuinity of your appeal petition.

 

Further, the result from the proceeding cannot be predicted and depends on facts of the case and laws applicable. Any opinion on the case can only be provided after examination of the complete brief and case documents including the appeal filed.

 


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