Legal Question in Criminal Law in India

sir i want to ask one question--

accused has falsely implicated in sec. 409 ipc r. w 34 ..

accused no. 1 is - cashier

accused no. 2 is - bank manager

alternatly the charge of gold packets which kept as pledge in bank shifts from one employee to another at every week or month ...before shifting that charge packets are counted... when charge came from accused no. 1 to accused no. 2, before shifting that charge gold packets were counted and then it was noticed that one packet was misplaced..then accused no. 1 himself admitted the fault and took all responsibilty on himself, and thereby executed one bond registered it in the presence of regional bank manager and two bharari pathak ..and in that bond, accused no. 1 admitted that he is responsible for misplacing that gold packet and hence he is depositing Rs. 5,00,000 only and give time to deposite remaining amount of Rs. 1,16,000/- .. but still the regional bank manager filed complaint against accused no. 1 and accused no. 2

i dont understand when there is no any roll of accused no. 2 how can regional manager file complaint against accused no. 2 u/s 409 ipc

now accused no. 1 is absconded and accused no. 2 is arrested after pcr he is on mcr now since 20.11.2012

1.what action accused no. 2 can take against regional bank manager ?

2. suggest something to accused no. 2, what to do in this condition?

3. when will he bail out now?

plz reply

thanking you sir..


Asked on 11/23/12, 9:22 am

2 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Read FIR and other available documents carefully to find out allegations. If allegations prima facie does not disclose an offence, then approach for quashing.

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Answered on 7/13/13, 4:24 am


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