complainant requested the Ops/Bank to stop payment against those lost
cheques. It was the further case of the
complainant that upon receiving the said ... books with a request to stop payment in
respect of the lost cheques. The
Appellants/Bank in pursuance to that issued new cheque books
complainant
requested the Ops/Bank to stop payment against those lost cheques. It was the further case of the complainant
that upon receiving the said ... Appellant at the instance of the complainant involving
the aforesaid alleged lost cheques. Until
and unless those aspersions are properly adjudicated and the criminal
controversy
having
suffered pecuniary loss and harassment on account of the lost
cheques, besides to pay him Rs.10,000/- as costs of litigation and
future ... legal right to procure cheques from the drawer in lieu of lost
cheques under Section 45 A of the Negotiable Instrument Act, 1881.
It would
file,
it was not specifically mentioned that the payment of lost cheques be
stopped, it cannot be said that the payment of the lost cheques ... looked at from another angle. Had any of the lost cheques have been
fraudulently encashed, the complainant in that event would have
claimed that
these cheques. Yet, the opponent bank made
payment of four cheques amounting to Rs.21,500/- out of the aforesaid lost
cheques ... said blank cheques, four cheques were
encashed by other person by forging the signature of the complainant, that
payment of four cheques was made
book with a request to stop payment in respect of the lost cheques. Pursuant to that, petitioner bank issued new cheque-book in favour ... When there was clear-cut direction to stop payment of the lost cheques, even then cheque was honored in favour of third party.
The counsel
amount of Rs. 1,20,000/- through one of the lost
cheques leaves forging his signatures. The said person
withdrawing the amount was captured ... series number of the cheque
book or the numbers of the lost cheques. In the absence on this
information, it was unexpected
purchase of traveller cheques, the appellant was
assured by OP-1 that in case the said cheques are lost or stolen, the full
amount ... issuer. The traveller cheques are sold by the customers and claim
refund fraudulently, declaring the traveller cheques as lost. As per terms
First Appeal
order to prevent misappropriation of money by presenting the lost cheques filed an application to the Manager, P.N.B. Contai Branch for 'stop ... payment' in respect of the four lost cheques which was duly received by the bank official fixing seal of the bank and putting initial
return of the above cheques, whereupon it was informed by Mr. Deepak Goyal that the said cheques had been lost/misplaced by him and, therefore ... register an FIR against the Companies, who malafidely submitted the lost cheques. Vexed with the attitude of the Bank, the Complainant Company preferred this Complaint
