Whether case can be filed for criminal breach of trust?

Querist : Anonymous (Querist) 04 September 2010 This query is : Resolved
I am govt employee and my Contempt petition was pending in the central administrative Tribunal When the notices have been issued to the respondents/contemnors , they have not released the salary of August 2010 and also recovered the salary of the July 2010 from the bank where my personal saving account was there
I filed the separate Miscallalneous Application against the contemnors which will be listed very soon?
Now my queries are whether I can filed the criminal case against the bank as the respndents/contemnors have good nexus with the bank and the bank has debited the amount without intimating me and without my consent?
Please inform whether the Application is mainatainable under which section of the Crpc and whether sections of Criminal breach of Trust with cheating and forgery is manataianable under such circumstances

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s.subramanian (Expert) 04 September 2010
It is a case of misappropriation of your money by them in collusion with the bank It is an offence u/s 406 IPC. Do not go in for breach of trust since there is no entrustment which is mandatory requirement u/s 409 IPC. Once the salary is credited to your bank account it becomes your money absolutely. any person meddling with it commits the offence of misappropriation and even theft.

Arvind Singh Chauhan (Expert) 05 September 2010
Nice answer from Subramnian Sir.

Uma parameswaran (Expert) 05 September 2010
You can also approach Bank's Ombudsman.

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