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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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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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