Twenty three (23) “personalized” checks drawn by petitioner were paid by respondent bank and debited against petitioner after they were deposited in collection banks.
Whether or not petitioner is barred from setting up the defense of forgery on the ground of gross negligence.
YES. Respondent drawee Bank for not having detected the fraudulent encashment of the checks because the printing of the petitioner’s personalized checks was not done under the supervision and control of the Bank. There is no evidence on record indicating that because of this private printing the petitioner furnished the respondent Bank with samples of checks, pens, and inks or took other precautionary measures with the PNB to safeguard its interests.