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Criminal case filed against me by bank can i get FIR quashed
10-Sep-2023 (In Criminal Law)
I was working in state bank of india. An incident of fraud of Rs.1350000 for misapropriation on 28/03/2016. It was found on 11/04/2016. Bank has transffered me other place on 12/04/2016 after till 31/05/2016 banks has not a simple letter given to me ragarding this matter. Bank has suspended me on 31/05/2016. Statutory audit finished on 29/04/2016, in statutory audit report branch has nothing shown and told no fraud has found during the year 2015-16. Now bank has filed FIR against me on 24/06/2016 after 2 n half month. IPC 409-465-466-467-471. (1) Statutory audit report of 29/04/2016 shown no fraud reported during 2015-16. (2) RBI circular is there that bank should report fraud to RBI with in 3 weeks and also report fraud to Police with in 4 days above rs.100000/- (3) There is maker and checker system in bank. So no single man can do anything. inspite of this bank has lodged fir only against me. Manager is also responsible in this trnsaction. Can fir quashed ?
Sir
I need to peruse the copy of FIR to ascertain the exact natural of allegations leveled against you, and to further examine, if such Allegations made against you in the impugned FIR, make out any case against you or not. Without perusing the impugned FIR, it will be difficult to form and give you an subjective opinion, merely based on the facts narrated by you, as to whether the FIR can be quashed or not.
High Court is vested with ample powers u/s 482 of the Criminal Procedure Code, to quash an FIR, if from the facts it is found that the FIR is ex-facie bogus, unbelievable, or even if taken at its face value, do not constitute any cognizable offence. These are the broad parameters, on the basis of which high Court will adjudicate the quashing Petition.
Now what is essential in this case is to see, as to on what basis the Bank has alleged fraud against you. Remember, here the offence against you is not just of embezzlement, but the offence is also of making forged documents. If the offence was merely for embezzlement u/s 409 IPC, then perhaps based on Positive Audit Report, you may have a good case for quashing that no such embezzlement is found in Audits, nor such embezzlement is reported to RBI, which means the entire FIR is merely an afterthought. However, in this case, since offence of making forged document is also included, bank can very well argue that such embezzlement could not be traced in Audit Report due to such forgery and only when such forged document was traced that such fraud was unearthed.
That is why, it is important to see the FIR, so as to ascertain as to on what basis bank has alleged fraud.
Once you upload the impugned FIR, i can subjectively assist you and provide you apt line of action to adopt in the matter. I am from Ahmedabad and practice in Gujarat High Court.
I need to peruse the copy of FIR to ascertain the exact natural of allegations leveled against you, and to further examine, if such Allegations made against you in the impugned FIR, make out any case against you or not. Without perusing the impugned FIR, it will be difficult to form and give you an subjective opinion, merely based on the facts narrated by you, as to whether the FIR can be quashed or not.
High Court is vested with ample powers u/s 482 of the Criminal Procedure Code, to quash an FIR, if from the facts it is found that the FIR is ex-facie bogus, unbelievable, or even if taken at its face value, do not constitute any cognizable offence. These are the broad parameters, on the basis of which high Court will adjudicate the quashing Petition.
Now what is essential in this case is to see, as to on what basis the Bank has alleged fraud against you. Remember, here the offence against you is not just of embezzlement, but the offence is also of making forged documents. If the offence was merely for embezzlement u/s 409 IPC, then perhaps based on Positive Audit Report, you may have a good case for quashing that no such embezzlement is found in Audits, nor such embezzlement is reported to RBI, which means the entire FIR is merely an afterthought. However, in this case, since offence of making forged document is also included, bank can very well argue that such embezzlement could not be traced in Audit Report due to such forgery and only when such forged document was traced that such fraud was unearthed.
That is why, it is important to see the FIR, so as to ascertain as to on what basis bank has alleged fraud.
Once you upload the impugned FIR, i can subjectively assist you and provide you apt line of action to adopt in the matter. I am from Ahmedabad and practice in Gujarat High Court.
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Adv. Vivek Mapara
Ahmedabad | 100+ Answers
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What is the case law on 409 IPC?
In this case the accused worked as a peon at a bank. He was given Rs 5,000 in cash to deposit as a due for the Telephone Bill at the Post Office. He didnt deposit it, and the Bank filed a FIR under Section 409 of the IPC against him. The Trial Court found him guilty under this section. 27-Sept-2023
What are the ingredients of 409 IPC?
In order to prove a criminal breach of confidence under section 409 of the IPC, it is necessary to prove two elements: (i) that the accused was entrusted, as a public official, banker, or agent, with property for which he has a duty to account; and (ii), the accused had committed a criminal breach of faith. S. 405 of the IPC defines what constitutes criminal breach.
What is Section 409 of Criminal Procedure Act?
409. Sessions Judges can withdraw cases and appeals. (1) A Sessions judge may recall or withdraw from any Assistant Sessions Judge, Chief Judicial Magistrates or any other subordinate Sessions Judge any appeal or case he has handed over.
Is IPC 409 bailable?
This section penalizes the criminal breach of trust committed by a public servant or by a banker, merchant, or agent. Is IPC section 409 bailable? No. This is a serious, non-bailable offense.
Quashing of of FIR can only and only be done by the Hon'ble High Court of Gujarat. Your case sounds to be a fit case wherein the Court can invoke it's jurisdiction under Section 482 to quash and set aside the FIR. Contact me for further legal assistance
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Adv. Sahil B Trivedi
Ahmedabad | 25+ Answers
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Learn what is the difference between cognizable and non-cognizable offences and get the details about them with this Indian Criminal Law Guide.
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