suo moto case by police even after the matter is settled
Querist :
Anonymous
(Querist) 14 February 2011
This query is : Resolved
A Nationalized Bank official carried out certain bogus transactions to show recovery in NPA accounts, which had been sanctioned against mortgage of properties, to avoid the pressure on him for recovery. Later, he followed up with the borrowers and when they were ready to repay the loan, he himself informed his senior officials about his earlier bogus entries and recovered the money along with interest from the borrowers. The Senior officials after considering various aspects, informed the bank official that he could not continue in the service of the bank in view of the bogus entries made by him. They also promised that since the entire money has been recovered along with interest, no criminal action will be taken against him. The bank official, at the request of his senior officials, gave his admissions in writing and thereafter, the bank dismissed him from service. No PF, pension was paid. After two years, the Bank was taken over by another Nationalized Bank. Thereafter, CBI registered a case suo-moto and has prosecuted him in a court of law. Since the officer was no longer a public servant, no sanction order was obtained. Can such a case be taken up for trial when the senior officials of the bank had reached an understanding (orally) and did not file any complaint with police authorities for about three years? Any case laws?
Amit Minocha
(Expert) 14 February 2011
According to me he is liable to be punished, since it is a crime with public money and there is an admission of offence, no rectification can make it good. However, he may plea mercy later that he tried to rectify it.
Dineshwar Singh Kaushik
(Expert) 14 February 2011
The person who had committed this should be punished in accordance with law.
Ajay Bansal
(Expert) 16 February 2011
If offence,which is made out,is compoundable as per section 320 Cr.P.C,then police can not register any F.I.R. in this matter.
