Thanks very much Ajay jee, Appreciate your effort.
In deed it is not mainly the money matter, but I was surprised to see that people even ignore to share their knowledge for good cause. As the one of the objective of this forum is to share knowledge.
1. I could not trace attachment can you please reconfirm if it is successfully attached.
2. Now one thing more his GF has withdrawn almost whole of the amount from one of the salary accounts using his father's ATM Card after about 40 days of death. He did not intimate to the bank about the death but secretly withdrew the amount.
A. What is your first reaction and what could be the repercussions against this offence?
B. I have raised this query separately as well. As below: O course you can find it v much exhaustive!
Reproducing below.
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Dear Experts,
I have an important query for you please be kind to reply earliest possible at your convienance.
1. Person owning ATM Card has died during the month of December 2011. The person carrying or holding this ATM Card after the death of owner (most probably any one in the family may be father, mother, married sister or her husband) never returned this ATM CARD to the concerned bank and also did not intimate about the death of the person. In stead during the month of Jan 2012 the salary of the expired person was credited to his account by his employer. The money amounting to Rupees above 16900/- (about seventeen thosand) was withdrawn thru ATM Card of the died person.
This was brought into the notice of Bank when noticed by third party that money has been withdrawn of a dead person misusing his ATM Card.
In this case what if a case under dowry & domestic violence ( IPC 498a & 506) is already live in the court filed by the wife of expired person?
She, his wife is not aware about this happening, Can, any time at any later stage if becomes aware of,she take a action or file a case with the police or ask the Bank to lodge FIR report against the accused or user of ATM Card of her husband?
In this case intentions are or may be to not to give the due share of the wife and his minor son from this deposite being legal heirs?
NOW THE Questions are;
A. Does it bacome a criminial offence which needs to be reported to the police?
B. What if the ATM user is any among his relatives as mentioned above?
C. What if ATM misuser is his appointed nominee? Was it fair & legal at his part to use ATM after the death without informing the bank?
D. Does it simply amounts to cheating, fraud, theft, misusing or breach of trust?
E. What are the specific & relevant IPC Sections attracted by this offence?
F.Is this going to be a NBO/W (NON BAILABLE OFFENCE OR WARRANT)
G. How can the offender save him self from the criminal proceedings?
H. If his wife is not a nominee with the bank in this account / case, Does she have any right to approach bank or police to file a case or lodge FIR?
I. Can some one say me save my self by saying that this happened due to ignorance about to inform the Bank and not using ATM after death?
J. How can the offender save him self in this case beore lodging a report? By taking a plea that I was already nominee in this case?
K. Can by depositing back the amount in bank, he can be saved now?
L. What in case father is nominee and he used this ATM Card after death of his son?
M. Now can the bank accept his plea and by saying that it was acceptable being authorised nominee?
N. Should bank or his wife must lodge FIR or report the matter to police?
O. Will it be mandatory for the police to lodge FIR in casse his wife approaches police with application? Or can it be denied by police if Bank does not want to pursu the case?
P. Does the wife has any right in lodging FIR as she is not a authorised nominee?
Q. Wil or Is this a compoundable offence?
R. Can this case in case get registerd with the ploice will also become a part of the ongoing case under ssec 498A, 506? Will it effect that case in any manner?
Thanks & Best regards
