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S Punnam Chand (dpa)     18 March 2013

Criminal case against bank

Hello

I had a salary account and a joint account with a bank thru the office I was working with.  The Office I was working with deposited amount in my accounts as above and got made FDR made thru its employee, without my signatures on Cheques etc.   The FD opening forms were not signed by me. 

Now the office has filed a criminal case against me for Criminal Breach of Trust, claming my salary and joint account to be their official accounts.  On verification police filed FR. 

1) Can a Bank withdraw amount from my account without my knowledge.  No cheques/Letter issued by me.?

2) I requested the bank to provide me details how the FDs could be made?

The bank only provided the FD Opening form, however they refuse to provide me the details how the FD could be made without my knowledge/Issue of Cheques etc.,

 

Can I file a criminal complaint against the Bank for involving in a crime with my office to involve me in false criminal charges.  If yes under what sections of IPC

Thanking You

 



Learning

 4 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     18 March 2013

Dear Querist,

 

You may examine offer documents and your terms of engagements on both sides. Then you see how you covenants of the documents that binds you as alleged by te co. has to be judged. Also please examine the contents of the FIR and allegations against you therein.

 

You will find the answer.

 

For further query, you may revert.

Kumar Doab (FIN)     18 March 2013

Learned experts/members have given valuable advice. Kindly follow it.

You have posted that:

---“I had a salary account and a joint account with a bank thru the office I was working with.”

Salary a/c is single a/c. Company must have signed as Introducer. Obtain certified copy of the form from bank.

The joint a/c mandate should be seen. Obtain certified copy of the form from bank.

 

Is it Joint a/c in which both the a/c holders should sign?

Is it E&S in which any one can sign?

To create a FDR Bank might have obtained signature on debit advice (than cheque) mentioned in FDR form or separately.

Why should you as employee open a joint a/c with company?

or Why should company as employer open a joint a/c with employee?

--“The bank only provided the FD Opening form”

Go thru these forms carefully and show these to elders in the family, competent and experienced well wishers including some banker, lawyer/law firm.

In whose name the FDR’s are prepared and who has signed the debit advice for creating each FDR?

If FIR has been lodged obtain a copy and do not hesitate or wait. Approach a lawyer with elders in the family as ap.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 March 2013

Mr.Kumar Doab advise is correct. Obtain the papers for evidence in future case.

Ravindra (Proprietor)     13 February 2015

Hello,

A co-op bank had opened a partnership firm's current account. But, did not took consent of one of the partner in the said firm & the account was active for more 3 yrs. Does this matter a criminal offence & what are the sections?

 

Would like have your opinion for the same.


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