Upgrad LLM

bank vs employee


My relative is a Cashier in Bank. Customer came to the bank to deposit Rs.2 lakhs. But the cashier did not enter the same amount in the system. Instead he kept the money with himself. He manually entered the amount of Rs. 2 lakhs in the customers passbook.In this way he had kept Rs.20 lakhs with himself instead of depositing in the customer's account. One day one customer came to the bank to withdraw an amount of Rs.2 lakhs. That day the cashier was on leave. The other person on the cashiers seat checked the customers account but could not find the same amount in his account. So he informed the customer that the amount of Rs.2 lakhs is not in his account. Hearing this the customer showed his passbook to the person on the cashiers seat in which the balance of Rs.2 lakhs was shown.

My relatives fraud came into picture. Now he has been suspended by the bank till further notice .Bank gave him some time to deposit the entire amount.Now he has returned the entire amount to the bank and accepted on papers all the fraud. 

Now the bank has filed a case against him from court with IPC Section 420, 467, 468 and 406.

Please advise us about the further process from my relatives side.

What are the consequences of this case.

Awaiting an early response. Its really very urgent.

Thanks

Minal

 
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LEGAL CONSULTANT

U R relative has to face the criminal proceedings for the intentional fraud committed by him.Even though he has deposited back the amount to the bank that does not save him from facing law.Actually he must have been arrested by this time.Don't suggest urgency in the matter.

 
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Retired employee.

"No one is above law".  Such kind of cheating by Bank employees is more dangerous and taken seriously in law. "Jaise karne vaise bharne"

(By returning the stolen money under pressure, no law states that the perpetrator becomes clean and innocent. Further returning the money and admission of the crime is itself establishment of entire fraud)

Before deciding to post the query, place yourself in the shoes of victims (hard earned money)  and how do you decide if it the money and inconvenience is your own.

 
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Retired Manager

Your relative has committed a very serious criminal offence. He shall surely go to prison for the crime committed by him. The fact of his returning entire money may be of consideration while giving the quantum of punishment.
 
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LEGAL CONSULTANT

Just because he has returned the money.prima facie still exists,all the above sections will see that he is behind bars at least for a period of 7 yrs,sans his job.

 
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Now its not possible as per the banking and finance act such kind of negligence case this is kind of intentional act done whether its amount is paid back but its not releafe because when he enterd in bank for working its banks trust on employee and customers trust on bank this 2 trusts are violated now due to this act hence bank surely can not leave employee if he leave this then other employees also can do such kind of acts result all customers are trustless for the banks hence law is equal for all now your relative only can do 1 think accept correct charges filed by bank which are wrongfull oppose it and pay fine and complete your punishment of impresunment what ever but take this in mind hence forth this black dot is in the carrier of your relative he can not work with any bank or financial institution due to this.

 
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Advocate

Engage a better advocate and try to plead guilty and also for lesser punishment as the amount has already been recovered.

 
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LEGAL CONSULTANT

Dear Querist,

UR relative has to face the proceedings,which might have already started.As a cashier he has acted contrary to the Banking Service Regulations.Hence he is liable to be punished .Further extending the query is not of much use.

 
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Dy Director

agreed with all experts.

 

the solution given by Mr Kalaiselvan was striking my mind.  This may save money time and harassement for the accused. 

 

 
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Hi All

Thanks a lot for your valuable inputs. It was really helpful. 

I understand and totally agree of the fraud made by my relative. However, as he is the only earning member in his family of 50 members he committed this mistake under extreme family pressure.

I have suggested your advice and the case is in progress accordingly. 

Since the money is deposited in the Bank I am sure the court will consider his career span of 32 years and decide a punishment accordingly .

 

Thanks again for your valuable input.

Minal

 

 
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