False crpc 200 complaint agaisnt bank employees
abhay pandey
(Querist) 14 December 2013
This query is : Resolved
Dear members, seeking for your kind advice on this criminal case complaint filed under sec 294,506,420,323,467,468,471,120b etc..
In 2006 bank finaced one vehicle to a pary and he just repaid 8 EMI's then same customer had done a froud with another bank and taken loan from another bank agaisnt property and taken by police custody under sec 468,120b,467,471,420 etc.
Further he sent messege to vehicle given loan bank that pls come to police station and take surrender letter from me and take your vehicle from near by city parked at precribed place, though this letter was not written by him as he was in police custody but signed by him and also his sign varies from his agreement sign, now bank given this letter to their RE AGENT and they repossess the vehicle, further second day police intimation post given to police station, after some time when accussed got bail in his froud case he statred to harrase bank officers specially filed many FIR for the stealing of vehicle agaisnt branch manager by his name, 5-6 complaints but police didn't file or registered any FIR, then he submit one complaint to SP this time he also added other employee names, One junior employee had been posted at this branch as a junior officer at the time of reposssession but for last 4 years transferred to other city in same bank, now he alleged for 467,468,471,294,323,506,510,420 etc,with branch manager who is still taking care of same branch.but this complaint FIR also not considered and report of police is in bank favor now he has filed complaint under section 190/200 of crpc and we are trying for compromise but his advocate asking for huge amount of money to settle this case, meanwhile bank also filed sec 9 arbitration attachement case to recover balance money from customer.
Pl guide me for whole case especially for the junior employee, just added in complaint and previous complaint posted there at the time of incident and he has never had been to any place of incident , also consequenses of this complaint and further available options, police report of previoce FIR and this would be in bank favor by police...
would it be disallowed by JMFC, what are bail procedure and further action om behalf of all and junior officer police would submit report to megistrate very soon.
Devajyoti Barman
(Expert) 15 December 2013
If junior employee was not posted when the dispute arose then he can certainly be not made a party to a criminal case. Do file quashing in high court on his behalf.
In this taking of bail would not a problem and be a mere formality. DO not worry. DO challenge the proceeding in high court.
V R SHROFF
(Expert) 15 December 2013
agrees with Shri Barman
abhay pandey
(Querist) 15 December 2013
Thanks a lot to you all for your precious advice, junior employee was posted at same location in 2006 to 2009 when this incident took place but in 2009 november transferred to other location in same bank, further party had been making false police complaints against only bank manager for stealing this vehicle from his house no name of any othet now in this criminal complaint he added name of others and also filed this complaint for 420,506,323,467,468,471,120b for fabricating froud surrender letter by bank employees as his sign in surrendor letter differ from his sign done in agreement, he has willingly signed wrong in surrendor letter and he was in police custody hence he himself didn't wrote surrnedor letter by himself just signed, is it suffiecint couse for sec 467,468,471, pls advice how strong case this would be or JMFC would himself quash if police report in favor of bank as it has been earlier in all the police complaints.
Nadeem Qureshi
(Expert) 16 December 2013
jmfc has no power to quash the FIR, the hc hae power to quash the FIR u/s 482 of cr.pc
Devajyoti Barman
(Expert) 16 December 2013
yes for quashing you have to go high court.
T. Kalaiselvan, Advocate
(Expert) 19 December 2013
JMFC has powers to conduct the trial and on the basis of merits by the defence counsel' arguments, may acquit the accused, for quashing the case, the accused has to approach the high court alone with a petition under the provisions of section 482 of Cr. P.C.
