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Hemant kaushik (Mr.)     04 December 2009

Cheating by Banker

A banker puts money of someone's account into someone other's account  without notice to second person and second person uses the money Bona fide (it's an NGO case where money belongs to beneficieries and second person is NGO ) , but later Manager is caught by auditors and plans to make a cheating case u/s 420 against second person and lodges a false FIR with the help of auditors bribing them... is it possible to check properly the accounts of bank in criminal process of court, what application should i present before court to examine the accounts properly through CA / someone else  in order to defend the second person? 



Learning

 4 Replies

Sandeep Kulshrestha (Advocate)     04 December 2009

Mr. Kaushik, unless no criminal case is registered against you, you can approach to bank

authorities only, but if they submitted written application to Police, then you can approach to polioce authorities.

snchandrasekarabharathi (senior manager (Law))     05 December 2009

You can file a civil suit for recovery of money you have withdrawn money.  Under contract act it is called doctrine of "unjust enrichment".   You cannot initiate criminal proceedings

snchandrasekarabharathi (senior manager (Law))     05 December 2009

please read as "who" instead of "you" in the first sentence

Hemant kaushik (Mr.)     06 December 2009

Thanks for reply !!

 I think you are right senior !!!

but how should i check the accounts of bank.?


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