N.P. MAHADEVAN Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) This revision petition has been filed by Sh.N.P. Mahadevan, the complainant, who is working as a Senior Manager (Public Relations) with M/s. Sundaram Clayton Co. Ltd., a Chennai based Public Ltd., Company. The complainant is a Savings Bank account holder with the respondent, Central Bank of India.

(2.) One morning, he checked his account book and was shocked to see a debit entry in the sum of Rs.1,00,000/- pertaining to 14.12.2002, in favour of one Kamalapathy. He approached the Bank where it transpired that cheque bearing No.645530 pertaining to the complainant's SB A/c No. 6204 for Rs. 1,00,000/- was presented for clearing through Canara Bank, Chennai by one Kamalapathy, who was working as a contract security watchman with the employer of the complainant till 12.12.2002. The complainant contends that he never issued the said cheque. It also came to light that two other cheque leaves bearing Nos. 645529 and 645530 were also missing. The Bank was apprised of all these facts. This also came to light that his signatures were forged and they differed from the signatures of the complainant's, furnished to the Bank. However, the said cheque bore the rubber stamp of his office. The stand set up by the complainant was that he never puts his official stamp on the cheques issued from his personal account. The grouse of the complainant is that in view of the extraordinary and unusual manner in which the cheque had been forged and signed, the Bank could have easily detected the fraud and intimated the complainant about the same, particularly, when the cheque was a high valued cheque. It is alleged that the Bank had cleared the cheque in undue haste, without verifying the specimen signatures available with them and against all banking norms. The complainant also lodged a complaint with the Inspector of Police, Crime Branch, on 24.12.2002.

(3.) The police arrested Kamalapathy and recovered various articles from him, which included Rs. 41,06,000/- in cash, One Onida TV with VCD, Two pairs of Kolusu and metti, gold ornaments, stabilizer, remote control, gas cylinder and clothes. The said property was returned to the complainant vide the order passed by the Magistrate, on 17.03.2003. All the items were recovered and handed over to the complainant, except gas cylinder and clothes, which the complainant refused to accept. Subsequently, he accepted the cash only, while the other articles are lying with the police.