FORGERY/FUND MISAPPROPRIATION
RENJITH
(Querist) 02 November 2009
This query is : Resolved
Hi Friends one of my relative was working as a Branch Manager for a prominant finance company in Mumbai and he is now accused of forging the signature of a Director and cashing a client cheque and also misappropriation of money.He is now in Judicial custody...he says that the documents are fabricated and that he is innocent.Now I have few questions
1) Is there anyway to prove his innocence...a silly question I know..but I am asking this coz all the related documents are with the company and the bank and the employees support the management coz they are mighty..ourside doesnt have any document to prove our innocence...
2) Our lawyer is saying an item in FIR concerns a NON-BAILABLE offence..can that be fact ? forgery/fraud amounts to non-bailable offence ? My relative is never involved in a litigation before....
3) If there is no other way can we go for out of court settlement..ie paying the money he is supposed to have taken ???
Please help me here...
Raj Kumar Makkad
(Expert) 02 November 2009
1. The matter is based upon document and that document is already in the possession of the company/bank and you say that it is fabricated but how? Prove it before the Court in the trial and if proved that a false case is made out against your relative only then favourable decision can be expected otherwise no chance at all.
2. Yes. forgery is a non-bailable offense. It hardly matters whether your relatives had ever involved in the crime or not. This can be only a ground seeking bail but has no impact on the trial of the case and no sympathy can be derived on this ground. Banks are run on the trust and if the trustees of that trust means its employees are found involved in such type of crime, courts generally do not show any sympathy and strict punishment within the particular sections are awarded.
3. If you go out of court settlement, even then the offence has already been committed and definitely it shall also be prsumed that your relative has committed the offense.
RENJITH
(Querist) 02 November 2009
@ Mr.Raj thanks for the reply...
1) The company is saying that my relative has encashed a cheque forging the Director's signature..the cheque is with the bank and they havent filed a complaint but the company has..the said company has branches all over India and they have all their accounts with the same bank..so I dont think the bank will be doing something that may antagonize the company...also the Director of the company may also claim that his sign is forged...since my relative was arrersted without any warning he cudnt even do anything to prove his innocence (presuming he is innocent)
2) Okey so the question of "FIRST OFFENCE" doesnt come to picture....
3) I know that accepting an out of court settlement is almost equal to admitting guilt..but I am talking abt that option coz atleast then he and his family wont be harrased again by the Company...also can an out of court settlement happen in such cases(IPC 420/408/467/468) so that the defendant is free from serving jail term ?
4) A general question...how can I defend myself when I am arrested without warning and not given any bail while the persons who made the complaint are free and have the resources to manipulate the machinery and fabricate evidence ??
A V Vishal
(Expert) 02 November 2009
Renjith
Actually it is difficult to answer such queries since the advise may be vague and could mislead, since the nature of the case involves a crime only an indepth analysis of the case will yield good advises, hence I suggest you get in touch with a local criminal lawyer for a better advise and action in the matter.
RENJITH
(Querist) 03 November 2009
@ Hi Vishal thanks for the reply...We have already sought the help of a lawyer and he is looking after the proceedings..I just wanted to know what are all the implecations..to findout about the nature about the case from experts like you,Raj etc..I browsed thru many articles here and came to know that people in this forum are very knowledgeable and helping minded..
So can you answer the last query..
3) I know that accepting an out of court settlement is almost equal to admitting guilt..but I am talking abt that option coz atleast then he and his family wont be harrased again by the Company...also can an out of court settlement happen in such cases(IPC 420/408/467/468) so that the defendant is free from serving jail term ?
