Ipc 409
tejinder
(Querist) 31 January 2013
This query is : Resolved
can we file case against bank officers for not following rbi guidelines for converting normal account to npa account & start recovery process
Nadeem Qureshi
(Expert) 31 January 2013
Dear Querist
as per section 409 of IPC
Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits breach of trust in respect of that property, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
Comments
Misappropriation of amount
Where the amount was not paid by passengers to the accused as such but to the Indian Airlines Corporation and as soon as the receipt for the amount actually received from the passengers was given by the accused on behalf of the corporation, he was entrusted with that amount. His conduct in falsifying the counter foil and fraudentently misappropriating the amounts would make him guilty of criminal breach of trust punishable under section 409; Som Nath v. State of Rajasthan, AIR 1972 SC 1990.
yes it can be.
R.K Nanda
(Expert) 31 January 2013
no more to add.
Raj Kumar Makkad
(Expert) 01 February 2013
The situation you given do not fall within the criminal offence as no misappropriation of your money seems been done either of the bank officials so section 409 IPC has no space therein. This is a clear case of deficiency of service on the part of the banker and a due compensations can be got sought from it.
V R SHROFF
(Expert) 01 February 2013
You may change your Banker, if unsatisfied with their service.
Bank have right to protect public money!! Recovery is their birthright. Survival of their Business. It follow RBI guidelines.
Defective services shd be complaint of ar Consumer Forum/ Banking Ombudsman
