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424 Points
Joined July 2007
| Originally posted by : SEETHARAMAN |
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It is not fraud to raise LC for local beneficiary in same city, provided if it is for genuine trade.
All those banks that had discounted the bills on the strength of LCs had gone to court to make the opening bank pay. It is understood that, big losses incurred by banks in these sham transactions. So there is a loss to the bank in these transaction.
As the bills discounted based on the strength of genine LCs is secured(Commercial transactions involved there is a commitment on the buyer to make payment) . Here the LC is bogus so it is not secured.
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i want to know is it fraud or not:
The X company created LC based on PO in favour of Y company both companies are in same building.
Y company discounted the LC
X company and Y company have no relations on business wise
X company or Y company not sold or bought any goods till now
Banker debited margin money to X company of Rs.50 Lakhs
till now X company not paid LC amount to Bakner even after one year completed
the amount involved is 50 crores
the entry in X company is
XYZ company a/c DR 50 crores
To Other Libilities A/c 50 crores
is there any wrong in this case under law or not
need experts opinion