Banking
R KUMAR
(Querist) 08 June 2017
This query is : Resolved
Dear sir in my bank R's 2 lakh misappropriated by the clerk.
Sudhir Kumar, Advocate
(Expert) 09 June 2017
the nexus between key and embezzlement at counter (cash which has already taken out from chest or not gone to chest), is not clear.
R KUMAR
(Querist) 09 June 2017
hi this is done by the cashier;
Dr J C Vashista
(Expert) 09 June 2017
Institute an inquiry to find facts after getting the clerk suspended.
Information provided are inadequate to form an opinion.
You are liable to be charged and punished for handing over key to some "unauthorised" clerk.
What is the opinion and advise of head of legal department of your bank? You may consult and engage a private local prudent lawyer for proper appreciation of facts/ documents, guide and proceed.
R KUMAR
(Querist) 09 June 2017
done by the cashier.
R KUMAR
(Querist) 09 June 2017
done by the cashier.
R KUMAR
(Querist) 09 June 2017
done by the cashier.
Guest
(Expert) 09 June 2017
Where is the logic of your asking the question, "In what IPC I can be charged and what can be the maximum punishment," when you already quoted the section.
By the way, if not a law student, how could you know about section 409, which you mentioned in your initial query, asking, "Can I also be charged under IPC 409"?
In fact, what I feel, you seem to have not been able to adapt the academic question to convert it in to a personal problem
R KUMAR
(Querist) 09 June 2017
Ok sir. Actually I am not a law student. I have read about PIC through internet.
Guest
(Expert) 09 June 2017
Your statement is not logical. You can't without any specific reference find any specific section of law through internet.
Kumar Doab
(Expert) 09 June 2017
You have posted that:
'But in cctv it's visible it's 10 lakh'
The bank must be having a well laid system to proceed in such matters.
The CCTV footage might have been recovered and saved.
Kumar Doab
(Expert) 09 June 2017
Vashistaji has already advised you...
'What is the opinion and advise of head of legal department of your bank?'
Kumar Doab
(Expert) 09 June 2017
The query is neither academic nor moot
Kumar Doab
(Expert) 09 June 2017
The query is nor a story...............
Kumar Doab
(Expert) 09 June 2017
Everyday in all queries one entity to make some points, show its face, posts constipated claims...............
The query is a STORY.
Kumar Doab
(Expert) 09 June 2017
Everyday in all queries one entity to make some points, claims...............
There is NO truth in the query.
Kumar Doab
(Expert) 09 June 2017
Everyday in all queries one entity to make some points, claims...............
It is student's query.
Sudhir Kumar, Advocate
(Expert) 09 June 2017
You query indicate that you are in-charge of the branch (if not manager). You have not confirmed it.
You gave key to the subordinate and instead of going to chest yourself you sat in your cabin like a very senior officer.
You also did not hand over key yourself and handed over though some one what you can sub staff (perhaps in banking it is called someone who is yet to become a clerk in other offices he is called chaprasi).
So you allowed sufficient opportunity to someone to do be embezzlement by picking more case than what is written in books.
Now you want to know what sections can be put against you.
It it the police who will find cout by morning after taking you in custody that what more facts are yet to be disclosed and then only it could be decided whether at all any section is to be made against you and if so what.
Kumar Doab
(Expert) 09 June 2017
"Now police is telling that officer might have kept 2 lakh with him. "
Does CCTV footage establishes it!
Kumar Doab
(Expert) 09 June 2017
You have posted that:
'Now the cashier is telling that he received only 8 lakh. But in cctv it's visible it's 10 lakh. Now police is telling that officer might have kept 2 lakh with him. '
The whole para is;
"Sir in morning I have given key to officer to take cash out from chest. Officer first taken out R's 3 lakh and given to the cashier. Then at 1 pm again officer taken out 10 lakh and given to cashier. Both time I have given key to officer through my sub staff. What happened in Second time officer has done alteration in the book. He has written 8 lakh only. Then cashier told him that you have written wrong. Then officer went to his cabin and modified it to 10 lakh but not taken cashier sign at the place of alteration. Now the cashier is telling that he received only 8 lakh. But in cctv it's visible it's 10 lakh. Now police is telling that officer might have kept 2 lakh with him. Since I have given key to officer to operate am I also responsible. During whole event I was inside my cabin.
"
Kumar Doab
(Expert) 09 June 2017
The bank shall properly deal with delinquency, including by you...............
You may confirm what is established by CCTV footage.
R KUMAR
(Querist) 10 June 2017
.Instead it's visible that officer has given correct cash to the cashier.
R KUMAR
(Querist) 10 June 2017
I was inside my cabin because work was there for quarter end.
R KUMAR
(Querist) 10 June 2017
There is so much pressure of work every time I can't come outside. Also its showing from cctv that officer has given correct cash to cashier. So shortage happened inside cash cabin not at chest or at officer level.
R KUMAR
(Querist) 10 June 2017
done by the cashier.
R KUMAR
(Querist) 10 June 2017
Despite all evidence against the absconding cashier the police is suspecting me and another clerk.
Guest
(Expert) 10 June 2017
You are likely to be the target of laxity in your duties & responsibilities.
Guest
(Expert) 10 June 2017
Opening & closing of cash chest and drawl out of or deposit in the cash cheat have to be made in the in the presence of the bank manager.
R KUMAR
(Querist) 10 June 2017
done by the cashier.
Guest
(Expert) 10 June 2017
Have you been made party to the case and in which capacity, as a respondent or a witness?
R KUMAR
(Querist) 10 June 2017
done by the cashier.
Kumar Doab
(Expert) 10 June 2017
"Yes I am branch manager. It's not visible from cctv that officer pocketed 2 lakh. Instead it's visible that officer has given correct Rs 10 Lakh to the cashier."
The CCTV footage has been apparently saved, seen,analysed.
Kumar Doab
(Expert) 10 June 2017
You have posted that:
"I have lodged case against the absconding cashier on behalf of the bank. There is no case against me............................Bank runs on faith/trust. Peon/Officer didnt breached the trust. But the cashier breached and went away without informing
me. "
Kumar Doab
(Expert) 10 June 2017
Your last post in not clear.
Sudhir Kumar, Advocate
(Expert) 10 June 2017
You may not be criminally liable but you are negligent and liable for disciplinary action.
Sudhir Kumar, Advocate
(Expert) 10 June 2017
how can absconding report be initiated in case if an employee is in Jail and you know it.
Kumar Doab
(Expert) 10 June 2017
"The cashier is now in jail 4 days back. I have lodged case against the absconding cashier on behalf of the bank. "
The cashier has been nabbed by police or has surrendered!
Kumar Doab
(Expert) 10 June 2017
Your last post in not clear.
You may redraft it so as to convey a clear message.
Kumar Doab
(Expert) 10 June 2017
At the moment your post titled:
'Whole Story' is not being discussed.
You have not replied to Vashistaji:
'What is the opinion and advise of head of legal department of your bank?'
R KUMAR
(Querist) 10 June 2017
Sorry now cashier has been arrested 5 days bank and now he is not absconding.
Guest
(Expert) 10 June 2017
I can very well guess, you are likely to be in a serious trouble.
So, instead of discussing the issue in slip shod or casual manner with piece meals information, it will be better for you to get a copy of the charge sheet, if filed in the court, show that to some expert on criminal laws and discuss how you can defend yourself.
Don't forget, CCTV footage can be the crucial evidence against you showing your absence when cash chest was opened and cash drawn from the chest. Any of your statement in the court about your presence can be falsified by that footage.
Kumar Doab
(Expert) 10 June 2017
You have not replied to Vashistaji:
'What is the opinion and advise of head of legal department of your bank?'
The guesswork shall be of NO consequences and help for you.
Kumar Doab
(Expert) 10 June 2017
It is reminded that :your last post in not clear.
You may redraft it so as to convey a clear message.
Kumar Doab
(Expert) 10 June 2017
I am sure Why all of sudden and hurriedly the abuse in previous posts has turned to guesswork.
Guest
(Expert) 10 June 2017
An imposter and fake expert, Kumar Doab, without his/her real name, photo and location can give only lolly pop to you, but not a real advice or opinion. You may make a review of his 19 posts so far, if he gave you any advice or a firm opinion, except evasive replies or posting extracts of your own posts (saying you have posted this/ you have posted that) without any of his advice or opinion. You may better ask him if he knows even abc of the criminal laws or banking laws.
By making multiples of posts, he usually confuses the author of the problem at first and finally directs him to consult some of his favourite lawyer. Rest assure, finally he will direct you also to consult some of his associate for his benefit, as usually he does in reply to the questions of the laymen.
Guest
(Expert) 10 June 2017
@Imposter Kumar Doab,
You have never replied on asking, why and from whom you are afraid of posting your real identity, real name, photo and your location in your profile at LCI?
Can you clarify now or would respond with your abuses only, as usual, and also pray for my death, as you have been exposed abundantly through several threads?
R KUMAR
(Querist) 10 June 2017
done by the cashier.
