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Am a bank employee. M i liable to pay back for money taken by fraud?
26-Feb-2023 (In Criminal Law)
I am working in a bank, one day a man with fake passbook and withdrawl form with signature approximately matching with that of account holder came and I made a payment of Rs. 25,000 to him. A few days later the original Account holder came and registered a complaint.
That fraudster again came to the bank to withdraw Rs. 40,000 and got caught. FIR was registered but case is in his favour now, CCTV footage was not seen by the judge and now I have to give the amount from my pocket.
What should I do?
In this case you can defend yourself from paying the amount, since there is no lack of diligence and the Hon'ble Court acquitted the person because the person was not found guilty and hence, you cannot be made liable, as the person whom you paid has been found to be 'Not Guilty'.
Since this proves that no offence has been committed, hence you are not liable to pay the amount.
In case the bank insists on you paying the amount, you must reply by requesting the bank to file an appeal in the higher court against the decision of the lower court citing non admittance and acceptance of valid case evidence (CCTV footage) by the lower court as the ground for appeal.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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