Filing of objections


A public sector bank had filed a criminal case against Branch Manager (A1) and me (A2) in 2008.The allegations are that both of us have misused user ID and password of other employees in the computer systems and misappropriated Rs.15.00 lakhs. The documents produced before the police along with police complaint is Audit Report and computerized statement of accounts. Charge sheet was filed by police in 2011 before judicial court. Somewhere in 2013, A1 had approached the court to discharge him from this case citing various reasons. All the courts where he had approached have dismissed his appeals. Thus, it took almost 7 years before his appeal was dismissed by judicial court and High Court. Now the process of full trial of this case has begun and charges were framed against A1 and me in November 2018 and now this case is posted on 07.02.2019 for ''Objections'' My lawyer says that there cannot be any objections to be filed by Accused against State of Karnataka and there will be only full trial where we can cross examine complainant and witnesses However, I find that police complaint against me by the bank is false and police have not made any proper investigation of this case and written statement of witnesses and Complainant to the police does not match with the contents of audit report on the basis of which complaint was lodged and names of 2 officers who were working in the branch during the period covered under audit have been removed from Audit report. In 2014, I had filed review petition before the bank to reduce my punishment of dismissal by proving that amount involved in this case is not fraud but procedural lapses and Bank's Head Office had asked Regional Office to quantify the estimated loss to the bank and Regional Office replies that most of the transactions are procedural lapses and that estimated loss to the bank is Rs.2.00 lakhs and not Rs.15.00 lakhs and at the time of departmental Inquiry against me I was absolved of various transactions aggregating nearly Rs.3.00 lakhs. There are 12 employees involved in this case while complaint was lodged against only 2 and other 10 employees are taken as witnesses in this case. But, the explanations of 10 employees to the bank in response to Bank's show cause notice states that they had carried out these transactions based on vouchers signed by their higher officials while their written statement to police states that I had carried out these transactions by misusing their user ID and passwords. Thus, I feel that I have been falsely implicated in this case by the bank and I want to highlight these anomalies while filing objections if there is any such procedure in a criminal case Kindly guide me whether there is any procedure of filing objections by my lawyer so that I can highlight above anomalies to the notice of Judicial court or whether hearing of this case begin with examination and cross examination



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