Regarding Embezzlement charges on my friend who is working as PO in EDB ( Grameen Bank)

The charges needs to be met on their merits. There are no soft options.

Actually, he is working in Kashmir and numerous branches were looted by the armed terrorists..So, there were guidelines from the Regional manager that customers will not be allowed to come to the main counter for cash.Customers need to fill the form for withdrawal and it will be verified by the intermediator( contractual bank employee ie only he was available) and then it needed to be forwarded to PO(my friend). What the intermediator did was he used to fill the details of. customer who were mostly illiterate and then have thumb impression and then forward it to PO. In this way he managed to do the entire work....But later on during audition it was found that 65 lakhs were missing...My friend worked in that branch only for 6 days..During his tenure 2 lakh rupees were missing....That's the case....

In all such cases, in a place like Kashmir, no bank takes such risks of investigation and just file complaints to Police and further action depends on such investigation.   Embezzlement of Rs.65lakhs after digitalization discloses a well-planned network and failure of systems and may be compromised.  Let the police find out modus operandi and pinpoint the criminals.   There is nothing you or he can do and if one is innocent, he need not fear.  However, as the banking process is not known to many Police investigating offices, mere suspicion on some officers may subject them to atrocities and harassment.  Defraauding a bank is not that easy for longer periods as every bank is provided with CCTV coverage in almost all banks and in case of thumb impressions they compare with photographs available in their system.  Something is wrong in posting the facts in the query.

Sir, his posting is in remote area and there are no cctv cameras installed there....... Although thanks for your valuable concern....@ Prasad Sir

In a remote area, population is less,  where persons can be identified, and even for payment of Rs.100/- in cash, officials behave as though they are giving their own money, fraud to a tune of Rs.65 lakhs is never a simple thing.  Definitely it is a scam and the roots may be at some other place, and I still believe without some internal hands, huge scams stretching for longer periods in a remote area not possible in Banks.   I am not competent to decide the issue, and when police are investigating, let the report come.  Generally, at such a remote branch, an investigation can be completed maximum within one week even in serious cases by Police and bank's own vigilance dept working together.

Mr Nirmal, 

Now that he is charged with 409 and 425 Indian Penal Code, he will have to face the trial. The onus is on the state to prove that he is guilty and as far as my understanding 120B must be there under the charges. The witness will have to be cross examined very carefully and also a good defence will also be have to established to prove his innocence.   

And is he has a strong case then certainly he can get the FIR quashed qua him from the Hon'ble High Court. 

In case you want to understand the stages of trial or anything else please do revert and we shall explain the same. 

Regards, 

Malik and Romaan Law Offices (Kashmir)