Legal Question in Criminal Law in India

i am an employee of a sbi branch.

i would like to know about the following situations.

there has been a fraud reported at one of the sbi branch in delhi where in the party claimed that his partner has taken out some money illegitimately from their account.

As it was a joint account and both the partners are authorised signatory also the partner was present in the branch at the time of payment.

There were some alterations on the cheques in terms of amount but they were properly authenticated and the partner has signed the cheques in the branch itself.

Since he has reported the case to the bank. Bank is investigating in this based on which bank has filed an FIR against the person as it clearly seems that the partners broke out sometime ago and then he filed this suit.

Now based on the FIR the person has filed a counter FIR & SHO of the concerned polica station visited the bank and told the officials that there could be an instant arrest.

So I would like to take your advice in this as this is an illegal aalegation made by the party on the entire bank.


Asked on 6/17/11, 7:14 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

mere negligence on the part of bank is no ground for the SHO to register a case. moreover, the partner has counter signed the alterations. even if the FIR is lodged, it would be a weak case against the bank.

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Answered on 6/17/11, 8:57 am
Shrichand Nahar S.V.Nahar, Advocate

One a FIR or crime is registered, then police have power of investigation and arrest.

In view of amended provisions of section 41 Cr.P.C., police have to record reasons for arrest.

If apprehension of arrest is reasonable, then it is advisable to apply for anticipatory bail.

On the merits of the matter, in case FIR is not disclosing commission of cognisable offence/s, then you may approach high court for quashing.

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Answered on 6/17/11, 9:36 pm
Pravin Vaidya Independent

I agree with Shri Nahar

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Answered on 6/19/11, 8:03 pm


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