Fake mustering
pratipal singh
(Querist) 25 February 2016
This query is : Resolved
sir , In a case of Fake muster(according to FIR of CBI ) i was just paying officer and at the time of payment there was no labour present so i reported that to then executive engineer and he verbaly directed me to handover the payment and muster roll to E-in-charge of that work and he will do the payment to labours as most of the labours were discharges at the time of payment and i was posted there newly and not aware of anything .Later after 3 days the concerned E-in charge did the payment and handover the muster to me for my initial as i was the official paying officer so i put my initial against each thumb immpression and deposited it . Later on acting on a complain CBI lodge FIR claiming it fake muster . There are total 20 labour in that and amt involve is rs 104000.00 .Now all labours are available but there thumb impressions are not matching CBI asked me about the disbursement of payment and i told it the same that though i was paying officer but it was disbursed by E-in charge on verbal order of executive engineer.But CBI named me in FIR under section 120B 468 471 chargesheet not issued till now .In this circumstance please let me know how i can safe myself as i have not done mustering and i was not E-in-charge of that work and i was just paying officer who's duties were to disburse the payment to each labour personally but i had given the payment to that E-in charge on order my Executive engineer.
Sudhir Kumar, Advocate
(Expert) 27 February 2016
facts by you indicate that you are well participant of the crime and CBI probably has no choice but to accuse you. You have created good documentary evidence.
It is you who has attested the fraudulent thumb impression for usurping govt money. It just does not matter whether who put the thumb impression.
instead of wasting money on futile litigation you may confess plead for light sentence and come out of jail as quickly as possible.
Rajendra K Goyal
(Expert) 27 February 2016
Discuss case with senior lawyer after showing him full case file.
pratipal singh
(Querist) 27 February 2016
Sir I have simply follow the order of my senior and the E-In Charge who made the payment is also accepting the facts before CBI .I have not usurped any govt money.I just wanted to know if E-In -charge confess this in court that he had received money from me due to order of senior and i was not aware of the fact that thumb impression were not of all labors but of only few of them and E-in-charge didn't tell me the facts and i attested them being official paying officer ,then what are the chances of mine to get free of this case. pl reply
Sudhir Kumar, Advocate
(Expert) 28 February 2016
YOU SAID
“Sir I have simply follow the order of my senior and the E-In Charge who made the payment”
SO YOU HAVE FOLLOWED ILLEGAL ORDER. A GOVT SERVANT IS NEVER EXPECTED TO PERFORM A FRAUD WHEN DIRECTED BY SENIOR OFFICERS. YOU HAVE ATTESTED THE THUMB IMPRESSION OF LABOUR WHILE YOU WERE NOT PRESENT WHILE THE PAYMENT WAS SAID TO BE MADE AND NO THUMB IMPRESSION WAS MADE BEFORE YOU.
Sudhir Kumar, Advocate
(Expert) 28 February 2016
YOU ALSO SAID
“E-In Charge who made the payment is also accepting the facts before CBI .
IF HE DOES NOT ACCEPT OR YOU DO NOT ACCEPT THEY WILL MAKE HIM TO ACCEPT DURING REMAND.
IN ANY CASE HE WILL NOT ADMIT BEFORE THE COURT.
BEFORE THE COURT IT IS YOUR SIGNATURE WHEREIN YOU ATTEST A PAYMENT WHICH WAS NEVER MADE.
THIS WHAT I AM ADVISING YOU. YOU ALSO ADMIT THE FACTS BEFORE COURT AND PLEAD FOR LESS PUNISHMENT.
YOU NEED NOT WASTE MONEY TO FEED LAWYERS.
Sudhir Kumar, Advocate
(Expert) 28 February 2016
YOUSAID
“I have not usurped any govt money.”
SORRY
YOU HAVE GIVEN AMPLE EVIDENCE OF EMBEZZLEMENT BY YOU. (IF GIVEN FACTS ARE TRUE)
WHY SHOULD / WOULD ANYONE BELIEVE AT ALL THAT YOU DID NOT HAVE CUT IN THE GOVT MONEY WHICH WAS EMBEZZZLED. IT IS YOUR SIGNATURE ONLY WHEN YOU CERTIFY THAT IT IS THUMB IMPRESSION OF “X” WHILE IT IS OF “Y”
Sudhir Kumar, Advocate
(Expert) 28 February 2016
YOU SAID
“I just wanted to know if E-In -charge confess this in court that he had received money from me due to order of senior and i was not aware of the fact that thumb impression were not of all labors but of only few of them and E-in-charge didn't tell me the facts and i attested them being official paying officer “,then what are the chances of mine to get free of this case. pl reply”
HA HA HA
DO YOU REALLY THINK THAT HE IS A FOOL OR MARTYR KNOWING WELL HIM TO BE A CORRUPT MAN
DO YOU THINK THAT HE WILL VOLUNTEER TO ACCOMPANY IN JAIL WHILE YOU CANNOT BE DROPPED BECAUSE OF STRONG EVIDENCE AGAINST YOU.
IF HE ADMITS THE WAY YOU HAVE WRITTEN THEN IT IS WAY IN FOR YOU TO BE IN JAIL AS THIS IS STRONG EVIDENCE AGAINST YOU.
Sudhir Kumar, Advocate
(Expert) 28 February 2016
YOU SAID
“then what are the chances of mine to get free of this case. pl reply””
ZERO
P. Venu
(Expert) 07 May 2016
In a criminal case, it is for the prosecution to prove your case beyond reasonable doubt. The facts you had stated, if true, constitutes a good alibi. The question is, how it could be proved. A good lawyer would be able to defend you.
