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LokaLokaLoka (Audit)     02 July 2012

Joint bank account fraud

Hello to all. my query is as below :-


Father , daughter has a joint account in a bank. Father has done a fraud and has been booked under sec.409 of IPC in West Bengal . Father has given a written confession saying he is totally responsible for the fraud and in no way the daughter is involved. But these days, anything might happen and the confession might be changed by negetive relatives..

Daughter does not stay in WB. She has been staying in Karnataka from plast 8 yrs, and is not aware of the fraud done by the father. Daughter has faced a lot of difficulties to finish her CA and now is working in a good company after a lot of struggle.

Wanted your esteemed advice on if by any chance can the daughter be liable to any of the proceedings since it is a joint account? 

Also, what else do you think of the case. any angle which can help the daughter?

Please your opinions will be highly obliged..



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 July 2012

What kind of fraud has the father committed. Obviously it relates to Criminal Breach of Trust by a person in fiduciary relationship, but more details are required to comment whether daughter has any culpability in the same.

You have not also specified whether the confession was to the police or an extra judicial one.  

1 Like

LokaLokaLoka (Audit)     02 July 2012

Fraud is as follows :-

transfer from TDS refund account in the bank to the joint account and manual withdrawal of the same.

 

Confession as per the information known is given to the Police..


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