Legal Question in Criminal Law in India

clarification

a bank draft was lost from abank and it was misused by some people but no money was lost . the manager cautioned the payee bank when he knew about it. now coming to charge sheet.police made the manager as one of the accused.to quote from the charge sheet ''manager hatched out a plan with others to get a drft without arousing suspecion of clerk who keeps track of all drafts''. giving u actual facts and based on that can u tell whether the allegations are vulnerable?FACTS 1.all the drfts are under the the cutody of manager. there is no need of any third party for getting a draft (2) if the manager wants to take a daft he can do it with out the knowledge of the clerk it is under his cutody. (3)it is factual error to say that clerk keeps track of all drfts. he keeps track those dafts only given to him in the morning by manager.(4)police says a plan to get adrft.....they are not saying fom whom. is it redicolous to say that manager hatched out aplan to get a drft from his own custody.no one in the branch knows how many drafts are under his costody. based on these facts alone humbly request you to please answer the query1) whether the point given by me is avalid one?(2) the allegation of the procecution does it stand to reason?


Asked on 11/19/08, 10:07 am

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: clarification

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Answered on 11/22/08, 12:36 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: clarification

It is not possible to provide you any clear answer on the basis of your statement.

Previously also, you had asked this question.

Since it is a pending case, appropriate opinion can be formed only after perusing the charge sheet filed by the police.

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Answered on 11/20/08, 12:18 am
Shrichand Nahar S.V.Nahar, Advocate

Re: clarification

Point 1, 2 will be against the Manager. If the lost & misused draft was in the custody of Manager, then when, where, how same came to be misused?

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Answered on 11/20/08, 12:22 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: clarification

Please contact personally.

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Answered on 12/27/08, 6:17 am


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