Legal Question in Criminal Law in India

Dear Sir,

I would like to know whether my ex-employer (Housing Finance Company) can file criminal case against me for fraud housing loans obtained by borrowers by submitting fake income & property documents. I had obtained satisfactory legal report from the panel advocate & valuation report from panel valuer. I had processed all the files in good faith. Now the company is alleging that I have colluded with the borrowers for obtaining such loans. All such fraudulent borrowers are now absconding. The properties mortgaged against such loans are again fraudulently mortgaged to other banks also. I was working as junior officer & acting as branch in-charge on officiating basis. I resigned from the job on medical grounds as I was not well after giving one months notice. The company has also issued me satisfactory reliving letter. During notice period I had handed over the full & complete charge of the branch to the new branch manager & obtained an acknowledgment from him for the same. Further the company was also aware about some of the fraud cases before reliving me from the services of the company. The auditors have also not passed any negative comments in respect of such loans during their scrutiny. It�s been now almost one & half year since I have been relived from the services.

Please suggest solution for solving such problem in case the company files criminal case against me.

Thanks


Asked on 8/14/09, 8:00 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Your apprehensions are pre mature. If any case is filed against you, you may defend the same in accordance with law.

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Answered on 8/14/09, 8:03 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

if you have acted in good faith and can prove innocence you are worrying unnecessarily.

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Answered on 8/14/09, 8:59 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as far as relieving letter of the company is concerned, that is only regarding the dues to be paid to you and the bank properties lying in your possession that are being returned. it has nothing to do with the criminal acts, if any that were committed during your employment. it would not be safe opining in your case without actually seeing the documents and meeting you in person. it has to be seen that all the cases those were cleared by you were cleared on the basis of forged documents or the documents were such that you could not help forging them. it is the bank only that can take an action against you and the clients who submitted forged signatures. in case you anticipate such complaint, you should seek anticipatory bail.

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Answered on 8/14/09, 9:03 am
Shrichand Nahar S.V.Nahar, Advocate

As far as filing of FIR or case is concerned, your employer can do the same.

Relieving letter and handing of charge is inconsequential in the matter.

You can decide line of action only after report of investigation.

In the meanwhile, you may apply for anticipatory bail.

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Answered on 8/15/09, 3:59 am


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