Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sanjoy kumar (advocate)     22 January 2009

Whether any offence is made out

My client, who is an officer of a financial organisation, was working as an Area Officer. During that period he was also empowered as Certificate Officer under the PDR Act. One loanee, who applied for loan to construct his residential house and got the first instalment of the said loan. But he didnot repay the loan amount in time. As such, a notice was given to him directing to pay the dues. Instead of payment, he filed a Complaint Case u/s 406, 420, 120B IPC against my client including another person alleging that in spite of his several approach, he could not get the loan and when he approached my client, he demanded a bribe of Rs. 10,000/- but he paid Rs. 5,000/- to get the loan amount. The learned CJM sent his petition to the police station to register a criminal case. Case was registered and the police filed the Charge sheet against both the accused persons. Though, in course of investigation the IO found that the total loan amount sanctioned to the loanee has been paid to him. Further, the IO could not found any material regarding the payment of bribe to my client.

Now the question is --- whether any offence is made out u/s 406 and 420 in view of the aforesaid facts and circumstances ?



Learning

 3 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     22 January 2009

Dear Sanjay,


The main allegation against your client is as per you and the Petition is :


" that in spite of his several approach, he could not get the loan and when he approached Area Officer, he demanded a bribe of Rs. 10,000/- but he paid Rs. 5,000/- to get the loan amount. "


Sec. 406 of IPC     = Criminal breach of trust


Sec. 420 of IPC     = Cheating


Sec. 120-B of IPC  = Criminal conspiracy


Then, how the allegations of taken the bribe for sanction of Loan, attracting with the above section.


Therefore, no offence can be made out as stated by you, against your client as per the facts mentioned in your query.


 

Jainodin shaikh (Lawyer)     22 January 2009

Now the police have filed chargesheet in the Court; that means the case is converted into a STATE case as per sec. 210 of Cr.P.C. In this situation the point where there is or not Prima Facie Case is irrelevant.

B.N.Rajamohamed (advocate / commissioner of oaths)     25 January 2009

Sir,


your client has sent a demand notice to the complainant before he filed a criminal case.


This is one defence to negativate that a case is made out against your client.


The rest depends on the nature of evidence in trial.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query