Legal Question in Banking Law in India

Dear sir,
> >
> > kindly tell me under sec468 in my case i get relief or
> not.
> >
> >
> > regards
> >
>
> > > fir filed on april 2007 under sec
> > > 406
> > >
> > > bank suspended me may 2007
> > >
> > > bank restate me feb 2009
> > >
> > > police filed chargesheet on 2008
> > >
> > > so tell me can i get relief in under sec 468
> now
> > court
> > > can not take any action as the three year lapsed.
> > >
> > >
> > >
> > > And Sec 468 Cr.P.C. Says:
> > >
> > >
> > >
> > >
> > >
> > > (1) Except as otherwise provided elsewhere in
> this
> > Code, no
> > > court, shall take cognizance of an offence of the
> > category
> > > specified in sub-section (2), after the expiry of
> the
> > period
> > > of limitation.
> > >
> > >
> > >
> > > (2) The period of limitation shall be-
> > >
> > >
> > >
> > > (a) Six months, if the offence is punishable with
> fine
> > > only;
> > >
> > >
> > >
> > > (b) One year, if the offence is punishable with
> > imprisonment
> > > for a term not exceeding one year;
> > >
> > >
> > >
> > > (c) Three years, if the offence is punishable
> with
> > > imprisonment for a term exceeding one year but
> not
> > exceeding
> > > three years.
> > >
> > >
> > >
> > > 1[(3) For the purposes of this section, the period
> of
> > > limitation, in relation to offences which may be
> tried
> > > together, shall be determined with reference to
> the
> > offence
> > > which is punishable with the more severe
> punishment or,
> > as
> > > the case may be, the most severe punishment.]
> > >
> > >
> > >
> > > kindly tell me in my case this is applicable or
> > not. if yes
> > > then i have to no worry. please tell me i have
> forget
> > it or
> > > still i have to face any problem in future.
> > >
> > >
> > > regards
> > >
> > >
> > >
>
>
>
>
>
> > > > > > Query : sir, i am bank employee
> and
> > one
> > > > incident happen
> > > > > in april 24th 2007
> > > > > > when
> > > > > >>> i
> > > > > >>> was in cash at the time
> of
> > closing
> > > > the cash
> > > > > found 5 lack shortage. all
> > > > > >>> the
> > > > > >>> boucher cheked not
> tallied.
> > at
> > > last
> > > > i have
> > > > > given one request not my
> > > > > >>> handwriting as you can
> > understand
> > > my
> > > > mental
> > > > > condition to manager for
> > > > > >>> give
> > > > > >>> me rs 5 lakhs advance
> form
> > bank
> > > head
> > > > a/c
> > > > > receivable to close the cash
> > > > > >>> due
> > > > > >>> to somebody stolen cash
> from
> > my
> > > > cabin. manager
> > > > > sanctioned the amt. and
> > > > > >>> debited the bank head for
> rs
> > 5
> > > lac.
> > > > after that
> > > > > manager filed fir in sec
> > > > > >>> 406 on dt 28-04-2007 .
> after
> > that
> > > on
> > > > dt 26april
> > > > > manager asked me to
> > > > > >>> deposit rs 5 lak but i
> have
> > given
> > > > written
> > > > > request on dt 12-05-2007 that
> > > > > >>> i
> > > > > >>> am innocent and unanble
> to pay
> > the
> > > > amt.on 15may
> > > > > bank suspended me . in
> > > > > >>> between police also done
> > enquiry i
> > > > also take hc
> > > > > arrest stay. on dt
> > > > > >>> 08-10-2007 bank issued
> me
> > > > chargesheet. i
> > > > > replied on dt 29-10-2007 for
> > > > > >>> that
> > > > > >>> chargesheet. on dt
> 16-05-2008
> > i
> > > got
> > > > notice for
> > > > > departmental enquiry.
> > > > > >>> 16-09-2008 enquiry
> officer
> > > submited
> > > > the report
> > > > > to authority. on dt
> > > > > >>> 18-11/208 authority given
> me
> > > > punishment two
> > > > > increment cut from salary.
> > > > > >>> finally 21/01/2009 bank
> lifted
> > my
> > > > suspension
> > > > > and asked me to joined new
> > > > > >>> branch on dt 02/02/2009.
> sir,
> > in
> > > > between 3
> > > > > times chargesheet summit in
> > > > > >>> court but i have taken
> > permission
> > > > from up home
> > > > > ministiry for
> > > > > >>> reinvestigation. finally
> > > chargesheet
> > > > summit on
> > > > > nov or oct 2008 but
> > > > > >>> again
> > > > > >>> i
> > > > > >>> taken permission form up
> > govt.
> > > after
> > > > that i do
> > > > > not know what happen
> > > > > >>> what
> > > > > >>> is the status. just
> because i
> > > joined
> > > > the bank
> > > > > and from 2nd feb 2009 no
> > > > > >>> one
> > > > > >>> asked me or any summon
> or
> > police
> > > > come. sir
> > > > > please help me and tell me
> > > > > >>> when
> > > > > >>> our employer restate me
> any
> > more
> > > > thing can be
> > > > > happen as you know from
> > > > > >>> last
> > > > > >>> 5 year nothing is happen
> and i
> > am
> > > > doing my job
> > > > > in our bank. after that
> > > > > >>> bank also not asked me
> about
> > in
> > > this
> > > > matter.
> > > > > >>>
> > > > > >>>
> > > > > >>> sir i want to know that
> bank
> > has
> > > > already
> > > > > given me punishment and
> > > > > >>> restated
> > > > > >>> me but about that
> chargesheet
> > > which
> > > > is on court
> > > > > what happen about that
> > > > > >>> chargesheet. i always
> fear
> > about
> > > > that
> > > > > chargesheet. can court issue me
> > > > > >>> any
> > > > > >>> notice or police can
> arrest
> > me
> > > > becasue police
> > > > > not done proper enquiry .
> > > > > >>> i
> > > > > >>> also want to know can
> two
> > > punishment
> > > > given to
> > > > > anyone for one mistake
> > > > > >>> already bank done
> > departmental
> > > > enquiry and
> > > > > given punishment. so please
> > > > > >>> help and guide me. for
> your
> > > > information bank
> > > > > file fir in under sec 406.
> > > > > >>> and police file
> chargesheet on
> > oct
> > > > 2008. 5 year
> > > > > gone but court not take
> > > > > >>> any action yet. can
> court
> > take
> > > > action at any
> > > > > time or it is time barred
> > > > > >>> after summiting the
> > chargesheet
> > > > court have to
> > > > > take action in some
> > > > > >>> specified period.
> > > > > >
> > > > > > kindly advise us.
> > > > > >>>
> > > > > >>> regards

Asked on 2/11/14, 4:39 am

Fca Prashant Chavan Expert Edge LLP

0 users found helpful

0 attorneys agreed

11.02.2014

Query too long. Please be specific and to the point to elicit an answer.

Answered on 2/11/14, 5:05 am

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