Re: Initiation of legal proceedings for dishonour of Cheque, A/c. Mr. X.
We refer to your letter dated 03.05.2005 regarding the above subject.
We have perused the contents of the above letter and also have perused the documents and papers referred to us. Upon perusal of Cheque No. 299883 dated 12.04.2005 issued by Mr. X in favour of the Bank, it appears that cheque amount has been stated as Tk.6,23,988 whereas in words it is stated as ‘six lac fifty three thousand nine hundred and eighty eight’. Thus it is apparent that the amount in figures differs from the amount in words.
Thereafter upon presentation of the aforesaid cheque BANK 1 has dishonoured the cheque remarking “Insufficient fund” in it’s Memo, dated 28.04.2005, instead of making any remarks as to the above anomaly.
In that situation the matter has been referred to us by BANK 1 to file proceedings under Negotiable Instrument Act 1881.
We understand that the concerned officer of BANK 1 has failed to detect the above anomaly and as such did not make any remark on that. Please be advised that BANK 1 may face legal difficulties and adverse results for the above anomaly if an action under Negotiable Instrument Act 1881 is filed and subsequently the accused points out the above anomaly before the Court.
We are waiting for further instructions in this regard from your end.
For: “The Lawyers & Jurists”