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Whether a police complaint can be made

A police complaint was lodged against me  on 10.06.2008 by  a nationalised bank where I was working  for 31 years .Complaint was made under sections 406,407 and 420.Charge sheet was filed by Police  in JMFC court on 25.07.2011.I got summons in July 2012.Since then case is bieng postponed every month and there is no progress in this case.I am under anticipatory bail.I am accused no.2 and Branch Manager is accused no.1

In the mean time,I have got documentary evidences showing  that police case filed against me is false and fabricated and real persons involved in this case are influential officials of the bank.Moreover,misapproppriation of public funds by these officials also came to light.I have made complaint to CVC,RBI,CBI,Ministry of Finance who are forwarding my complaints to Bank's CVO.But,CVO is closing the complaints under the pretext that there is no substance in my complaints and all these complaints are bieng hushed up.I have complained to Banking Ombudusman.But,they say my complaints are not coming under one or other clause.In fact bank is protecting these corrupt officials.Moreover,these officials are past and present office bearers of Officers association which is in majority  in this bank and many General Managers posted in the important positions are also ex general secretaries of this association

When this matter was raised in this forum,it was suggested by learned lawyers of this forum that I can file a police complaint against these officials .I am willing to do this and if  FIR is not registered,I have decided to file a private complaint.But,my doubt is whether I can file a police complaint when there are allegations against me  by the bank and case is pending in JMFC court.The documentary evidences shows that my ID and password was used by these influential officials when I was on 71 days sick leave for my BYPASS surgery and also at the time of my attending various  training programmes in far away places and even after my transfer from this branch to  far away state on promotion.As per bank's rules,every employee is required to change his password once in 30 days for which system displays the alert to change the password once the 30 days from previous change is expired.During my 71 days leave,password was changed 3 times without my knowledge and my ID and password was misused to carry out hundreds of fruadulent transactions.But,I was made scapegoat in this case.Bank officials have destroyed my leave record and many other documentary evidences
I humbly request the learned lawyers of this forum to guide me


 3 Replies

Rajaramana RV (Employee)     12 July 2013

Why was there a delay of 1 year between police filing the chargsheet and you getting the summons. Did you get the summons from court. kIindly let me know what happened?

One of the suggestions is that you focus on fighting the case which you are currently involved in and then think about fighting against them. If you try to do 2 things at same time, you will waste time, money and your mental happiness. Try to get out of the case put on you. You have gone through bypass surgery. Dont put pressure on yourself. Relax and focus on getting out.


.Thank you for your guidance.Summons were not served to me for 1 year.As per court orders at the time of granting AB, I was required to attend the police station and mark my attendence   on 1st and 16th of every month.While charge sheet was filed in July 2011,I was continuing to mark my attendence in the police station from June 2008 to till July 2012 twice in a month by going to Belgaum all the way from Bangalore city and police authorities did not inform me of summons till then.Police authorities somehow got my mobile number and contacted me and told that  there is  an arrest warrant against me.Then I hired an Advocate who  is  presently representing this case and court penalised me with  Rs.200 for not obeying summons.For somebody's mistake,I have suffered and continuing to suffer

Ashok, Advocate (Lawyer at Delhi)     12 July 2013

Collect relevant evidence about your absence from HQ for 71 days from the places / offices visited by you, even if your leave records have been destroyed. You can try to get discharge from the case against you. At the same time, you can either request further investigation in the same case so that the truth comes out or file a fresh complaint with proof. In the absence of proof to substantiate your claims, it may be difficult to get justice on your own complaint. So, you must collect such evidence first from all possible sources.

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