QUESTION 2 Mr Nohal has just joined Bank Raya Bhd (Bank Raya) in Kota Kinabalu. He is the head section in charge of saving and current accounts at Bank Raya. Briefly explain to Mr Nohal whether the following persons are customers of Bank Raya, namely: (a) Mr Ori, who does not maintain any account with Bank Raya, presented a cash cheque for encashment over the banks counter; (b) Mr Jazz, who does not maintain any account with Bank Raya, purchased foreign currencies from the bank; and (c) Rich Berhad, a finance company, which regularly deposited cheques for collection or clearing with Bank Raya. In January 2018, Inspector Abe, who is a police officer, came to Bank Raya. Inspector Abe is investigating a crime involving counterfeit notes which were circulated and used by one of the customers who maintains an account in Bank Raya, Mr Ben. Inspector Abe approaches Mr Nohal, for some personal details as the residential address of Mr Ben. Mr Nohal is very reluctant to disclose the information as he is worried that he may breach the duty of confidentiality. On 2 March 2018, Mr Chan issued an account payee crossed cheque for the sum of RM15,000 payable to Mr Don. The cheque was dated 10 March 2018. On 15 March 2018, Mr Chan countermanded the said cheque by giving a written stop payment instruction to Bank Raya. On 18 March 2018, Mr Don presented the cheque to Bank Raya for payment. Mr Nohal, overlooked the countermand, honoured the cheque. Mr Nohal cleared the cheque as there were sufficient funds in Mr Chans account. On 19 March 2018, Mr Don withdrew RM15,000 from his account. Mr Moody, who was the manager of Bank Raya was very angry at Mr Nohal and asked him to recover the amount paid to Mr Don. When Mr Nohal call Mr Don, he refused to return the money. Mr Jim is also a current account customer of Bank Raya. Today Mr Jim came to the bank and he is angry with Bank Raya as he claimed that the bank had wrongfully returned his RM300 cheque with the reason Account Closed when there was a credit balance of RM350 in his account. Mr Nohal, on behalf of Bank Raya informed Mr Jim that his account was closed based on his telephone conversation with the Mr Nohal, instructing him to do the same. A cashiers order for RM350 made in Mr Jims favour was already posted to him recently. Mr Jim denied having had such conversation with Mr Nohal. Mr Jim threatens to sue Bank Raya. Mr Papa is also the holder of a current account at Bank Raya. Unknown to Mr Nohal and Bank Raya, Mr Papa died at 2.00 am on 2 April 2018. On 10 April 2018, Bank Raya pays a RM2,000 worth cheque which was signed by Mr Papa and dated 1 April 2018. Yesterday, Mrs Papa, Mr Papas wife came to the bank and informed Mr Nohal about her husbands death. Mr Papa was also one of the directors of Papago Sdn Bhd. The company maintains a current account at Bank Raya, and Mr Papa was one of the signatory. Mr Papa also has a joint savings account with his brother Mr Sasa where the mandate for the operation of the joint savings account is either to operate. Mrs Papa also informed Mr Nohal that she wanted to withdraw the remaining balance in her husbands current account. Mr Wai maintains a savings account with Bank Raya with a credit balance of RM15,000. Today, Mr Nohal received a notice of bankruptcy of Mr Wai. Advise Mr Nohal on the legal implications in the above situations. Support your answer with the relevant legal provisions from the statute(s) or case law (if any).