complaint u/s. 420,465,467,471 & 120 - B
ad. creaminall
(Querist) 29 August 2009
This query is : Resolved
on behalf of Accused >>> a faraud held with a bank by some persons. when bank knew about the fraud they called the accused and told him about the fraudulant transation held in his accunt. the Accused then applied for anticipatery bail. the application for ABA filed on14/1/97. notice sent to bank. bank refused to accept the notice stating that they have lodged a complait before CBI. notice issued to CBI too. CBI refused to accept the notice stating that no such complaint filed before them by the said banker. the ourt thereafter send the notice through registrar to the banker ad to the CBI. but both were remain absent and the ABA of Accused was sanctioned by the Session court. on 2/5/97 the banker has lodged a FIR about the said fraud and the person who has taken bail was also joined as a co accused. while the truth is that the person has informed the banker and CBI about the said fraud in january 97 and the banker does not took any steps at that time and sudenly after about a four months i.e. in may 97 the file a Fir and joined the said person as accused?
what remedy is available for the Accused. plz. provide citation if any available in favour of accused.
Thanks in advance
PARTHA P BORBORA
(Expert) 30 August 2009
it is not a defense that as the bank has not lodged a complain earlier it has no right to lodge it latter. there is no such bar. but u may raise those points in the trial. the case is at present at the investigation stage. if there is no prime faci case against him police will file F/R and if there is a case then they will submit the charge sheet and in that situation u have to face the trial. bail is a interim relief allowed in the course of trial or investigation only. pl consult with a local criminal lawyer as soon as possible
