How to issue summons to bank director
Divya
(Querist) 18 July 2012
This query is : Resolved
Hello All
I have filed a criminal complaint against various bank officials.....They have violated RBI rules for recovery of CC and various other guidlines...
Problem is the magistrate has issued summons to specific people & not to the director incharge for credit card policy............
There have been several cases in past where bank has been put as an accused....I am confused how can bank be criminalized when they use criminal intimidation etc........
How do I manage to issue summons to the bank director...Are they not responsible when their employees violate all laws & take it in their hands.....In such scenario someone has to be made responsible for all acts.
Please guide me.
Devajyoti Barman
(Expert) 18 July 2012
The Bank being a juristic person can be accused of making economic offence but not of causing personal injury.
It would be the act of the Bank Officials who could be held guilty.
So in your criminal case you have made the Directors or concerned person a PARTY for criminal intimidation and not the Bank in general.
Once you make those party to the case there would be no difficulty to issue summons.
J K Agrawal
(Expert) 19 July 2012
Please insert the personal names of the directors of the company as they are supporting the offence. Then the Court will summon up them.
sss.bar2bench.com
Divya
(Querist) 20 July 2012
Hello All
Court in the initial order has not summoned the directors......
Also have read cases where SC has held that directors cant be held responsible for acts of employees...Alongside in the past criminal cases which were done on MNC banks, the accused was the bank & not the directors & the question is if bank is accused, bank cant be punished...Only a director responsible for that business operation should be accountable for
Please suggest me the right thing.
