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WI had posted about my dilemma some weeks ago here: https://www.reddit.com/r/LegalAdviceIndia/s/eZBsBewdFZ
TLDR: Someone has falsely implicated my wife in a fraud and criminal case. The person is claiming that he gave a demand draft to my wife as payment in a business transaction.
The only evidence the complainant has presented is a photocopy of a demand draft.
At the time of making the complaint, the demand draft has already expired.
The complaint has no proof that the DD has been encashed by my wife or anyone else.
Now last week I again took the photo of the DD to the nearest bank branch and explained the situation. Initially they were helpful but one employee intervened and said that we need to give information about the drawer (i.e. The person who requested the bank to make the DD).
I explained to them that this is possibly a case of fraud/scam and I don’t have the drawers contact or account information. But the bank is insisting on the same. The bank is also saying that we should check with branch which issued the DD. But that branch is located in a distant area in another state.
My wife also presented her PAN card, AADHAR card to the bank. The DD payee/beneficiary name is the same as my wife’s. We kept pleading with the bank employees to just give us verbal information on whether the DD has been encashed or not. But they did not cooperating. Finally I lost my cool and gave them an earful and told them that they were complicit in the scam too.
Do the banks not have a responsibility to provide this information to a citizen? Is there any rule or law that can help in obtaining this information from the bank?
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UThe bank has these details but will not confirm to you. They. An confirm to the guy who issued the bank draft as he is their account holder who got it issued, which does not add value in your situation. Bank has the detail for sure. Take prints of all her bank accounts for six months from date of issuance to confirm the same and give it to your lawyer that u have not encased it. After 6 months the draft is Invalid, hence 6 month statement is enough to prove. Hope this helps you.
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WWe did initially give this to the lawyer along with AIS statement and IT returns. However, there is a possibility that someone has fraudulently opened a bank account in my wife’s name or someone who share my wife’s name has encashed the DD.
The other person is claiming that he has entered into a business agreement with my wife and another person.
This could be a case of identity theft or some actual person who shares my wife’s name.
My lawyer has advised that since we have found out about the case so belatedly there be a NBW in my wife’s name by this time. So he is advising to gather solid evidence and then approach high court for quashing.
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WSuppose someone created a fake bank account in my wife’s name, encashed the DD and withdrew all the money from the account.
Then the complainant could produce some statement from the DD issuing bank that the amount was credited to this fake bank account.
The minute my wife approaches the court she will be arrested because the fake bank account will serve as evidence against her. Then she will have to make rounds of the court for years proving the fake bank account isn’t hers.
This was a scenario that our lawyer shared with us. The other person involved in this case is our distant relative who had once managed to create a bank account in the name of an elderly relative without their knowledge some years ago. He also lives in a small town so this could be possible with the banks connivance.
This is why we are trying to find the status of the DD. If we find its cancelled then my wife is 100% safe. If we find it has been credited to another account then we will first showcause the second bank that a fake account has been created in my wife’s name and then approach the court for quashing or anticipatory bail.
Everything depends on finding out the fate of the DD.
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UIn fact he can get the money back from the bank even if the draft is lost and not encased. He has to sign an indemnity bond with the bank as a process.
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