Legal Question in Criminal Law in India

Criminal Law

One of my close friend was booked in a Bank-fraud case by the CBI at the ''SOURCE'' information, stating that the Bank did not informed the CBI/Police.While during the trial Bank manager said in his deposition before the court says that a complaint was send by them to CBI.(no record in the court).

''Actually we are stressing that Bank did neither conduct any Departmental enquiry nor lodged any Complaint/FIR either with Police/CBI.''

This is a ''frame up'' because there are no ''direct'' or ''indirect'' evidences, he was singled out to save the perpetrators of the fraud,documents were also destroyed to save their names to be surfaced naming my friend that he destroyed the records though there was no action against the ''Custodian'' of the records(manager in this case) by the Bank.

Some body told me that as CBI can't register a case below Rs.5 lac fraud that's why the Bank and CBI designed this strategy to get my friend booked in this case. But there is nothing in writing we have received to this effect so far.

If, it is correct ,Please guide us with some writings which may stand in the Indian Court's of Law.

All of us shall remain grateful.


Asked on 5/23/07, 7:57 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Criminal Law

Your query is too vague. Using fanciful words like frame up, direct or indirect evidence etc. may not be helpful. For a criminal trial, one need to see nature of allegations levelled and evidence adduced to prove the same. The accused is only required to bring for appreciation of the court that evidence adduced does not prove beyond reasonable doubt the case put forth by prosecution. However, if accused chooses to put forth a positive defence version or case, then he is required to prove the same by evidence. If you have evidence to prove that case is a framed up etc. then only it is wise to take a positive defence.

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Answered on 5/24/07, 7:54 am
G. M. Gupta gmguptaandassociates

Re: Criminal Law

it is difficult to advice without going through the papers however there is no such bar with cbi regarding cases below 5 lakhs, at least in my knowledge

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Answered on 5/25/07, 3:16 pm

Re: Criminal Law

There is no such restriction that case below 5 lacs are not within the jurisdiction of CBI.In relation to other query since the matter is pending in court hence all papers are to be seen for giving any opinion and to suggest other course of action to come out of the litigation.you may call on my mobile for any assistance.

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Answered on 5/23/07, 11:13 am
mrugank patnaik msnp

Re: Criminal Law

not correct.you have to consult with lawyer with all document.

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Answered on 5/23/07, 1:18 pm


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