Legal Question in Banking Law in India

Dear sir,
i have quesion for section 406 and 420 IPC. MY father works in bank as Head Clerk in india and some one presented cheques to bank for cashing . My father checked signs and passed it. Money was withdrawn by that person. same way other clerks passed cheques when presented from that account. But after some months orignal owner came and demanded money and said he had not wihdrawn money. Money is withdrawn by unknown person by cheaques persened at different times and passed by different officers. Check book is issued by Manager and entered by an Officer in computer. My father confirmed in computer. My father checked requistion slip on which cheaque book was issued for signatture.
Bank lodged complaint for investigation with police. Police instead of investigating lodged FIR on all Employees in bank except Manager who issued cheaque book form strong room. My fatther is also booked for passing cheaque under sec 420/406 and other sections of IPC. We got bail from lower court and challan is not presented in court at present. No signs on cheques verified by police or investigation done. What is Legal way out. we have no trust in reinvestigation of police.

Asked on 8/25/09, 6:32 pm

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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You may better trust the investigation and allow the law to take its own course. Nothing to be fearful. It could possibly be a case of stolen cheque book misused by someone known to the account holder. However, nothing to worry as other officers had also cleared similar cheques as was cleared by your father.

Answered on 8/25/09, 10:19 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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there is no offence that is made out against your father. your father cleared the cheque as a matter of routine and your father is falsely implicated. your father may approach the high court and get the f.i.r quashed as against himself.

Answered on 8/26/09, 1:10 am

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J. Radhakrishnan independent Practice

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If the investigation is by CBI, it will take time for them to file a charge sheet. Even the experience with investigation by State police, the position is no better. Merely because your father compared the signatures on the cheques and passed it for payment, by itself would not be a clinching circumstance to file the charge sheet against your father. If your father is innocent, trust in god and wait for the time till the police file charge sheet in their own sweet will and pleasure. If it takes years, move the High Court for quashing the complaint against your father. Unfortunately in the present situation, no police people feel the pangs of distress on the part of bank staff who have been on the sly arrested by police on some F.I.R.

Answered on 8/26/09, 8:55 am

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