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False cheque withdrawal

Page no : 2

Sudhir Kumar, Advocate (Advocate)     04 October 2014

repeated

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=109888&offset=2#.VC80NVeO5G0

Dr J C Vashista (Advocate)     04 October 2014

1. It is unethical and unbecoming conduct for a government officer to repeat the query (as observed by expert Sh. Sudhir Kumar) even then the experts have already rendered and oblidged the querist with sufficient advise.

2. The government has employed number of lawyers, why the querist is behind FREE service and streching this thread.

Sudhir Kumar, Advocate (Advocate)     04 October 2014

@Dr JC Vashista

 

Actually the author is not coming with full facts.  The Govt lawyers will be of no use to him.  Probably he is facing some prospects of some disciplinary/criminal action on charge of fraud and misappropriation.  Either he is hiding facts of not aware of himself.  Either way he himself will suffer wrong  advise based on half facts

Sudhir Kumar, Advocate (Advocate)     04 October 2014

 

All experts above have reacted on the given facts only.  Facts given by you are not complete enough to understand the case in full.

 

 

 

 

 

You may feel hurt that is immaterial but for getting considered views of this forum please give following facts :-

 

1.       Whether it was S/B account of current account of Govt.

 

2.       Whether the account was used for dealing with Govt funds or some non-plan funds (non-public funds).

 

3.       What type payments were made from this particular account.

 

4.       Whether you were the DDO.

 

5.       Who else other than you was the authroised signatory.

 

6.       Whether it was only signature specimen of specimen of official stamp was also given to bank.

 

7.       When did you demit the charge.

 

8.       When was the said fraudulent passbook issued by the bank.

 

9.       Did you or did you not sign the requisition for the disputed cheque book.

 

10.   Whether the other signatory sign the requisition for the disputed cheque book.

 

11.   Whether in the normal course you were receiving the cheque book from bank or by post.

 

12.   How was this cheque book received.

 

13.   When were the signature changed

 

14.   What is the time gap between date of relieving and date of change of signature.

 

15.   What are the reasons for gap between date of relieving and date of change of signature.

 

16.   How you came to know of the embezzlement of funds.

 

17.   when you came to know of the embezzlement of funds.

 

18.   What did you do immediately on knowing of the forgery

 

19.   What effects you made to ensure that no other cheque of the disputed cheque book is misused.

 

20.   Has signature of your successor also been forged on any cheque.

 

21.   What was the amount involved

 

22.   Any explanation call made from you

 

23.   Details of FIR registered by you

 

24.   Details of FIR registered against you.

 

25.   If FIR registered against you are you planning anticipatory bail of interested in free boarding and lodging.

 

26.   Since strict proof is not required in depttl proceedings and pre-poNderance of probability is the standard of evidence so please indicate WHY IT SHOULD NOT BE BELIEVED THAT YOU SIGNED REQUISITION TO GET A FRESH CHEQUE BOOK  TO ENABLE MISAPPROPRIATION OF MONEY.


(Guest)
 
     
riginally posted by : Sudhir Kumar

 



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All experts above have reacted on the given facts only.  Facts given by you are not complete enough to understand the case in full.

 

 

 

 

 

You may feel hurt that is immaterial but for getting considered views of this forum please give following facts :-

 

1.       Whether it was S/B account of current account of Govt.

 

2.       Whether the account was used for dealing with Govt funds or some non-plan funds (non-public funds).

 

3.       What type payments were made from this particular account.

 

4.       Whether you were the DDO.

 

5.       Who else other than you was the authroised signatory.

 

6.       Whether it was only signature specimen of specimen of official stamp was also given to bank.

 

7.       When did you demit the charge.

 

8.       When was the said fraudulent passbook issued by the bank.

 

9.       Did you or did you not sign the requisition for the disputed cheque book.

 

10.   Whether the other signatory sign the requisition for the disputed cheque book.

 

11.   Whether in the normal course you were receiving the cheque book from bank or by post.

 

12.   How was this cheque book received.

 

13.   When were the signature changed

 

14.   What is the time gap between date of relieving and date of change of signature.

 

15.   What are the reasons for gap between date of relieving and date of change of signature.

 

16.   How you came to know of the embezzlement of funds.

 

17.   when you came to know of the embezzlement of funds.

 

18.   What did you do immediately on knowing of the forgery

 

19.   What effects you made to ensure that no other cheque of the disputed cheque book is misused.

 

20.   Has signature of your successor also been forged on any cheque.

 

21.   What was the amount involved

 

22.   Any explanation call made from you

 

23.   Details of FIR registered by you

 

24.   Details of FIR registered against you.

 

25.   If FIR registered against you are you planning anticipatory bail of interested in free boarding and lodging.

 

26.   Since strict proof is not required in depttl proceedings and pre-poNderance of probability is the standard of evidence so please indicate WHY IT SHOULD NOT BE BELIEVED THAT YOU SIGNED REQUISITION TO GET A FRESH CHEQUE BOOK  TO ENABLE MISAPPROPRIATION OF MONEY.

Sir, actual thing is that so many things are there as you explained or surely more than that, so I could not explain all those things through this discussion forum because it will become time consuming.

All of you are giving opinions according to your consideration, but now I got it that.....

No suitable advise can be raised without seeing papers...!

"And sir that new cheque book is not issued in my working duration, It happened after my transfer"

I think I should delete this topic now, because you are getting me wrong...just because of unaware of papers....!

Thanks to all...

Sudhir Kumar, Advocate (Advocate)     05 October 2014

You are perhaps right.

 

You may not be able to share all the facts on this open thread and without these facts none will be able to find correct and comprehensive solution.  So you need to meet your lawyer.


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