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Defence In A Fraud Case Against Bank Officers


31-Aug-2023 (In Criminal Law)
I along with my subordinate officers are facing trial in CBI court Bhopal u/s IPC 120b,418,420,467,468,471and pc 13(2)and 13(1) We are facing trial for financing against fake warehouse receipts without following banks prescribed norms.In fact we had no knowledge that receipts were fake.We acted in good faith with gross negligence,also unknowingly violated bank's guidelines.There are ample of documentary evidences against.The only thing we can say is we have no idea of fraud,we don't have any involvement in this fraud.but evidences are against us.how can we prove our innocence?
Answers (3)

Answer #1
985 votes
Trial is the most important part of a criminal proceedings and once anything in a trial is recorded, it cannot be changed and will haunt you till you appeal to the Supreme Court because every court will rely only upon the evidence and statements recorded in trial. Also, Once a trial is over, you cannot add anything in it, it's Final. Therefore, you have to proceed very carefully and take help of a lawyer if you want acquittal. Generally in the cases of bank frauds, unless it prima facie appears that you are involved in cheating, criminal conspiracy and forgery; grounds of acquittal can be developed at the time of appreciation of evidence and witnesses. Even if the negligence on the part of the bank officer is proved, the judge will not convict him for cheating or forgery. Rest Assured, face trial, speak what your lawyer says, and you'll be acquitted soon. I can advise you further only after seeing your case file and a meeting with you. You can contact me over the phone or visit my office for further guidance.
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Answer #2
865 votes
Dear Sir, If you have acted bonafidely then you do not need to worry about the charges. Just because certain documentary evidences are against you does not mean that the charge of fraud can be proved against you. 'Absence of Bad Intention' is in itself a defence in case of fraud under Section 420. However, I would need to go through the chargesheet to render a genuine solution and frame steps to craft your defence.
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Answer #3
894 votes
U file a petition for quashing of FIR in High court if u have evidence of ur non involvement in the fraud. The high court has authority under 482 to stay the proceedings and call the entire records of the case . Contact me for further discussion.
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