Legal Question in Criminal Law in India

conspiracy

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 query


Asked on 11/12/08, 1:07 am

5 Answers from Attorneys
Nasir Butt Nasir Law Associates

Re: conspiracy

Until the charge sheet is seen and facts are known, no positive opinion can be formed. Proving conspiracy is very much difficult.

Read more
Answered on 11/12/08, 10:03 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: conspiracy

Since it is a pending case, it may not be appropriate to record any opinion without perusing entire documents.

Read more
Answered on 11/12/08, 10:21 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: conspiracy

generally it is the clerk who is having the custody of drafts and not the manager. this is being observed in the nationalized bank but not aware of private banks. however, the opinion in this case can only be given after perusing the charge sheet. acting upon an opinion without putting all the facts forward may be fatal for the case.

Read more
Answered on 11/12/08, 1:29 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: conspiracy

The Charge Sheet and other details of the case need to be perused

Read more
Answered on 11/12/08, 6:08 am
Shrichand Nahar S.V.Nahar, Advocate

Re: conspiracy

What is the query?

If it is pertaining to proof of conspiracy, then please note the proving conspiracy is difficult in all the cases. However, if a prima facie case is made out, then one has to go through the trouble of trial and get an order of acquittal.

Read more
Answered on 11/12/08, 6:11 am


Related Questions & Answers

More Criminal Law questions and answers in India