Burden of filing f.i.r.
RAJ KUMAR
(Querist) 19 May 2012
This query is : Resolved
ONE CONTRACTOR DEPOSITS BANK GUARANTEE/FDR AS SECURITY WITH THE GOVT. INSTITUTION AND HOLDS THE CONTRACT. AFTER SOME TIME DUE TO SOME DISCREPANCY, GOVT. WANTS TO CANCEL HIS CONTRACT AND SENDS THE SECURITY DOCUMENTS TO BANK FOR PAYMENT TO BANK. ON PERUSAL THE SAID SECURITY WAS FOUND FAKE. THE INSTITUTE WANTS BACK THE FORGED DOCUMENTS BACK TO CANCEL THE CONTRACT. THE BANK OFFICIAL RETURNS THE FAKE INSTRUMENTS TO THE BEARER. WHO SHOULD FILE AN F.I.R.. BANK WHO IS LIABLE TO PAY AGAINST THE ORIGINAL INSTRUMENTS OR THE GOVT INSTITUTE WHICH HAS BEEN DEFRAUDED. WHO HAS THE BURDEN OF FILING THE FIR. BOTH THE PLACES-THE BANK AND THE GOVT INSTITUTE ARE IN DIFFERENT STATES.
Shonee Kapoor
(Expert) 20 May 2012
Govt Institute has been defrauded and not bank.
Hence the institute should file a complaint.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
