420 IPC case filed against father in cheque forgery matter
01-Mar-2023 (In Criminal Law)
Sir, this incident happened with my father. He is a manager in a reputed bank. During his tenure as a branch head, a cheque of rs. 4 lacs was presented at cash counter for payment. The presenter was his wife and the cheque was not forged. My father received a call from an unknown number on the same day before the cheque got cleared that the presented cheque should not be encashed and the caller introduced himself as the owner of the cheque. But since the mobile no. was not present in his account, he was unable to verify the identity and told him to stop the payment in writing that same day. My father cleared the payment to his wife on absence of any application for stopping payment to that cheque. Now the person has filed a FIR against my father under section 420 and is blaming him for all the incident happened. Please guide what should be done in this case
As per your version no offence/ case of 420 is made out.and if f.i.r is lodged you should go for quashing for f.i.r.As your father had asked for a written application also and he didnt submit because his number didnt verify.
Helpful?
15+
As per your version your father did the act in good faith and in discharge of his routine work during the course of employment. You have to file petition u/s 482 CrPC before the HIGH COURT for quashing the said FIR.
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Your father is safe if he did not have prior knowledge of this and if he could not match the mobile number of the caller with the account holder. He also did not receive a written request to stop cheque payment or the account holder did not stop the payment by calling the call centre of the bank and ask them to stop the clearance of cheque. In addition to this he can only sue your mother for forging signatures and not your father because he was only working in his professional capacity and he did not do anything without following the procedure.
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