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False complaint of fraud

(Querist) 01 September 2017 This query is : Resolved 
Dear sir
One of my friend is working in bank he has given a loan skcc to party residing in village the loan amount is transferred to party account and cheque book is given now the party has complaint that bank manager and one middleman has done fraud and I have not taken the loan of that amount but taken the only very small loan the middle men party is referring to is his relative the party has voluntarily given the cheques to that middlemen bank has the proof that cheque book issued and loan is given as per policy bank manager presently working there has also visited the police station and given the statement that paper in bank is in order now I want to know that how the process will go further what police will do
Gaurav khare (Querist) 01 September 2017
Dear member please guide
Gaurav khare (Querist) 01 September 2017
Members please take my query also
Sudhir Kumar, Advocate (Expert) 02 September 2017
The facts are not clear.

Wht is understood from given facts is that:-

1. The customer sought loan.
2. The customer was given loan.
3. The loan prima-facie is not irregularly or illegally sanctioned.
4. The customer was given cheque book which means that the loan was credited in a saving opened in the name of customer.
5. He gave cheque to someone.
6. That someone has committed some fraud.

How the fraud is committed you are choosing to keep a mystry.
Kumar Doab (Expert) 02 September 2017
What is the involvement of Bank/banker in the whole matter?
The issue is apparently between borrower and his/her relative (termed as middleman).
R.K Nanda (Expert) 02 September 2017
state facts clearly to get proper reply.
Rajendra K Goyal (Expert) 02 September 2017
Though the Banker seems nowhere at fault, they have observed the laid down guidelines.

Practically, in such cases the Bank employees face lot of harassment due to police procedures.

Even they are arrested also on flimsy grounds.

They are the easiest target to proceed in fraud cases by showing they were involved.

However, try to keep all your records complete.
Kumar Doab (Expert) 02 September 2017
The reply given by banker/bank in police station seems to be sufficient.
Gaurav khare (Querist) 17 September 2017
Sir
Banker has now submitted all the documents related to loan and cheque transaction though it is very clear that no fraud has been done by bank but police has decided to put the case so I want to ask that cab police arrest my friend also
Rajendra K Goyal (Expert) 17 September 2017
The step is in line what was tried to be explained.
Guest (Expert) 17 September 2017
If really a fraud, your friend can be arrested.
Guest (Expert) 17 September 2017
Very simple, if fraud reported, may be false, the police has to investigate. For result, wait for the completion of the investigation by police.
Kumar Doab (Expert) 17 September 2017
You may respond to the point raised by Mr. Sudhir Kumar, Mr. R.K. Nanda.
Kumar Doab (Expert) 17 September 2017
If police asks for any more document or raises any query, satisfy the police.
Gaurav khare (Querist) 20 September 2017
The facts are not clear. Wht is understood from given facts is that:- 1. The customer sought loan. Yes(he accepting that bank has given him the skcc but he is saying that bank has given a loan of only one lac that is withdrawn by him from his account and that was subsidy loan not kcc but bank has credited 4 lacs to his account and money is taken by manager and middlemen 2. The customer was given loan. Yes
3. The loan prima-facie is not irregularly or illegally sanctioned. Yes
4. The customer was given cheque book which means that the loan was credited in a saving opened in the name of customer.
Yes
5. He gave cheque to someone yes he has given cheque to his relative who withdrawal the money.
6. That someone has committed some fraud.
The customer is saying that out 4 lacs he has got only 1 lacs and 3 lacs was withdrawn by his relative with the help of manager through cheque he is not aware of that
Gaurav khare (Querist) 21 September 2017
Please answer


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