Legal Question in Criminal Law in India

Short Payment and Withdrawal of money by Post Office Agent and not repaying to u

The case is with reference to the money that has been withdrawn by our post office agent from the recurring deposit a/c to deliver it to us.The money has so far not been delivered to us.

The money was collected by her by taking an authority letter. She had been giving repeated excuses of buraucratic delays. But it has been confirmed that she has withdrawn the money and not repaid. Under the sheme she collected 60 instalments of Rs 1000 each but deposited only 40 of those collected.

I have been able to get the pass book which was always held by her and the receipt sheet in the which she use to sign for collection of Rs 1000.

What can be our future course of action ?


Asked on 6/06/03, 9:18 am

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

Re: Short Payment and Withdrawal of money by Post Office Agent and not repaying

I am in full agreement with the opinion express by Mr.Anil Kumar Tandale in the matter. You should taking stingent action against such acts.

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Answered on 6/09/03, 4:18 am
Anil Kumar Tandale T.Anil Kumar

Re: Short Payment and Withdrawal of money by Post Office Agent and not repaying

The post office agent has clearly committed breach of trust and misappropriation. The agent is liable to be prosecuted under sec.406 IPC and punished with 3 years imprisonment and fine. within 3 years from the date of latest drawal of money, the querist can also file suit for recovery of money in addition to criminal case. The complaint can be made to Police which is cognizable offence[sec.154 Cr.P.C.], in which police can arrest without warrant, and effect recovery by seizure of documents[sec.165 CrPC]. Even complaint can be filed before Judicial Magistrate under sec.200 Cr.P.C.

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Answered on 6/08/03, 10:26 am


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