Neelima opened a savings bank account with Dhan Bank. She was handed over a copy of rules and regulations for operating the account. It provided that the cheque book should be kept under lock and key and for loss, if any

CS Professional · Banking - Law and Practice · PYQS · December 2016
Neelima opened a savings bank account with Dhan Bank. She was handed over a copy of rules and regulations for operating the account. It provided that the cheque book should be kept under lock and key and for loss, if any, arising from not complying with requirement, the bank will not be responsible. Neelima kept the cheque book in drawer and one of her office colleagues took off one cheque leaf and by forging her signature withdrew ₹2 lakh from the bank. She claimed refund of this amount from the bank. Bank refused to pay stating that the loss has been caused due to negligence on part of the customer. She has filed an appeal against the bank. Give your decision on the case with reasons.

Answer & Explanation:

In general terms, if someone forges a signature on a cheque, the person whose signature was forged is not bound to honor the cheque, and their bank does not have to pay it. A cheque with a forged signature is simply a worthless piece of paper – a "nullity". In this case, if Dhan bank pays out on the basis of a forged signature on a cheque, it does so without Neelima's mandate and is required to make good any loss that the payment causes Neelima. It does not matter how good the forgery is; a skillful forgery is no more valid than a crude one. Dhan Bank is liable for payment of a forged cheque and will have to restore the amount to the credit of the account.

Topics: Banking Law

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