Legal Question in Criminal Law in India

A loan repayable in installments, given to a Govt. Servant on behalf of �Undertaking� from his department that if installments cheques are dishonoured on their dates, the amount of cheque installment will be deducted from salary and send to creditor at once. Now when letter regarding dishonoured of cheque was sent to Govt. Department for deducting the amount from salary, it was written back by the Department that the �Undertaking� was not given by it and you are free to lodge the FIR against borrower-employee. On the back side of �Undertaking,� it was also clearly written and signed by the borrower-employee, at the time of taking loan that the �Undertaking is signed and given by the officer(name), who is authorized to sign the undertaking. In private, it is accepted undertaking is given, but company should do whatever it likes lodge FIR etc. Now Department neither wants to deduct the amount from the salary of borrower-employee, nor wants to lodge the FIR against the borrower-employee i.e. they want to do nothing. Now I want to know whether the inaction at the part of Govt. Department is right or whether it is duty of Department to lodge FIR against the borrower-employee when it is said that the Undertaking is Forged one.

Asked on 9/27/11, 3:59 am

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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the dept should take action to recover from borrower-employee

Answered on 10/04/11, 6:27 am

Shrichand Nahar S.V.Nahar, Advocate

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A FIR of forgery can be lodged by anybody.

Delays are common in any Govt Dept.

In case delay is likely to harm your interests, you may lodge FIR.

Answered on 10/04/11, 10:23 pm

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