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Adnan M
in Banking Law Criminal Law
Asked September 04, 2017

Signed blank cheques lost and money withdrawn from bank

  • 1 Answer
  • 1215 Views

My father's signed blank cheque book was lost. We only realized about the loss last week and on inquiring with the bank were informed that a certain person has been withdrawing money from the account since 4 months. The balance is now only 1000/- from 4,80,000/- Rs. The account is an NRE account and hence our father left us the signed cheque book. We have the contact and aadhar details of the person who withdrew all the money. Please tell us how to proceed further.

Answer 1

You can file an FIR against the person under S. 378, S. 410 and S. 411 of IPC for theft and stolen property.  You can also file a simultnaeous money recovery suit against the person for the lost money. You should also send a ‘Stop Payment’ letter to the bank, addressed to the Bank Manager. In this letter, request the bank to stop further encashment of the cheques, for which you should provide the bank with:

  • The cheque number of the issued cheque; and
  • The date mentioned in the cheque; and
  • The name of the payee, i.e., the name of the person to whom you have issued the cheque.
  • Since you have issued a blank cheque, including only your signature, without the date and payee’s name, you may mention this in the letter and request the bank to cancel encashment of the cheques in all cases, irrespective of the bearer’s name. It is advisable that you personally visit the bank as well, to ensure the receipt of the letter and to get a confirmation from the bank’s side regarding the cancellation of the cheque.

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