Legal Question in Criminal Law in India
one of my friends have been Accused by CBi under Ipc 420,467,468,471,477A & 120B for loans granted on mortgage of some fake and some genuine properties to the family members of an old and existing customer of bank in good faith and with out any any knowledge about forgery..The branch manager is taken in to custody since april 2011where as some of the culprits are either not arrested yet and some arrested have been released on bail.the branch manager have been charged under u/s 13(2) r/w 13(1)d of pc act 1988 with out any substance/evidence and no unusual transactions were found in any of his/his family members accounts.the manager is having out standing performance record for last 25 years and he was never asked to explain his conduct or act for last 25 years .kindly advise what to do?please note that some of the properties are registered at sub registrar office but property reported to be non exising.Lawyers and valuers report reported to be fake wheree as signatures are resembling.lawyer , valuer or C.A. has not lodged any FIR in case their letter head was forged.party has paid around 65 lacs in the account after the transfer of branch manager in the accounts.robust loan review mechanism exist in the bank. even the major loan was sanctioned by the regional manager and not the branch manager.
2 Answers from Attorneys
has your friend got the bail? what is the position of the case right now. unless a lawyer goes through the FIR, a concrete opinion cannot be given as you cannot reproduce the entire case file here. seek a lawyer s advise in person.
After registration of a FIR or offence, if there is no substance in the same, one may approach high court for quashing.
Else, wait for the report of investigating agency and decide.
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