Threathening a bank officer
nit
(Querist) 19 June 2014
This query is : Resolved
my friend working as bank officer denied a cheque payment due to sign mismatch,the person who presented cheque threathened him to beat blue and black in front of all.
what is the action he can take and what is needed by him ,it would be helpful if you provide detail info. thanks
Sudhir Kumar, Advocate
(Expert) 19 June 2014
technically speaking he is seeking payment which is otherwise the banker is not bound to pay and is using threats to receive the payment. This means attempt of bank robbery.
did your friend clear cheque on this threat?
when was the threat given?
what he has done?
in how many minutes he reported matter to his superiors?
Devajyoti Barman
(Expert) 19 June 2014
He can file case u/s 500, 506 IPC against the client.
Sudhir Kumar, Advocate
(Expert) 19 June 2014
I eleborate
When theft is robbery- Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carving away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
When extortion is robbery- Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.
Explanation- The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.
Illustrations
(a) A holds Z down and fraudulently takes Z's money and jewels from Z's clothes without Z's consent. Here A has committed theft, and in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
(b) A meets Z on the high roads, shows a pistol, and demands Z's purse. Z in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.
(c) A meets Z and Z's child on the high road. A takes the child and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.
(d) A obtains property from Z by saying- "Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees". This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.
nit
(Querist) 19 June 2014
sudhirji
he didnt clear it
just yesterday around closing time
he called superiors who said customer is high worth and just forget it.
devjyoti ji can you explain little what those 500.506 are use for, and what evidence or anything is needed to make case stand
Devajyoti Barman
(Expert) 19 June 2014
read those section from IPC. You will get an idea.
These sections deal with defamatory statements and criminal intimidation.
Sudhir Kumar, Advocate
(Expert) 19 June 2014
500. Punishment for defamation
Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Sudhir Kumar, Advocate
(Expert) 19 June 2014
503. Criminal intimidation
Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.
Explanation- A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.
Illustration
A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house. A is guilty of criminal intimidation.
Sudhir Kumar, Advocate
(Expert) 19 June 2014
506. Punishment for criminal intimidation
Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
If threat be to cause death or grievous hurt, etc- and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 152[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or With fine, or with both.
malipeddi jaggarao
(Expert) 19 June 2014
Apart from the legal aspects discussed above your friend should remember that he is working in a service industry that too public sector bank.
You say his superiors advised him to forget as the customer is of high net worth.
With this comment, I could guess that the customer has tendered his own cheque and your friend raised objection that the signature is not tallying and denied payment. If he himself came to the Branch, your friend can as well advise him that the signature is not tallying and he needs to sign again. That would sort out the problem instead of heading-on with the customer on technical points.
Here it is not question who is right or who is wrong. Though the customer is wrong - he is always right. The superiors in the Bank will never support the subordinates in such cases. One should be tactful while dealing with the situation when working in a service industry. People will praise you when you tender good service and at the same time some people will scold you and leash threats. One should ignore both and do his legitimate duty.
Verifying the signature of the customer, if he comes to the bank is not such a big problem. It should not be made an issue. I too advise your friend to forget the issue and concentrate on giving good customer service.
R.K Nanda
(Expert) 19 June 2014
agree with experts.
ajay sethi
(Expert) 19 June 2014
agree with Mr malipeddi
Sudhir Kumar, Advocate
(Expert) 19 June 2014
in case your friend (it is actually you) is caught having passed a wrong cheque then the management or police will not look into all these silly aspect like "valued customer".
In case the higher officer feels that the customer is valued then let friend (it is actually you, ask him to pass cheque under his own signature, with mismatched signature (or for that matter in future even without signature)
Rajendra K Goyal
(Expert) 19 June 2014
Does your friend has any proof about threat or does any witness would support him when the higher ups want to forget it. In such a situation if your friend proceed, neither Bank nor staff would co operate him. As a result he would be in an awkward position. Moreover, Bank would immediately transfer him to far place if he is in PS Bank or if in private may cost more. His career may be at stake.
Choice is of your friend, he may proceed or may forget.
Kolla Gangadhar
(Expert) 19 June 2014
Bank officer has been threatned they must Quasim Razvi Terrorists operating form Hyderabad, B. Bhooj Raj Yadav, Joga Sucharitha and one Bank officer of Banglore told me Quasim Razvi Terrorists ruined her life and write to the Prime Minster of India to see the end of Quasim Razvi Terrorists to save India and Indians.
nit
(Querist) 19 June 2014
sudhir ji private bank and thats actually him. goyal ji and mallipeddi ji thanks too
K.K.Ganguly
(Expert) 20 June 2014
1. Since the Management of the Bank asked your friend to forget it, I will suggest him to report the matter to his association seeking for relief,
2. For any crime committed inside the Branch, the Branch Manager or his authorised person shall have to lodge the police complaint,
3. Your friend can lodge a complaint to the Branch Manager to this effect asking him to forward it to the police station with a request to the police to treat it as FIR.
T. Kalaiselvan, Advocate
(Expert) 21 June 2014
I go with the opinions of expert Mr. Ganguly on the subject issue. Threatening a person, especially a staff of an organisation with dire consequences for not obliging can be termed as an act of criminal intimidation and extortion. A complaint with local police through bank manager will be the solution to this issue.
Raj Kumar Makkad
(Expert) 22 June 2014
I firmly stand with the wise advice of Sudhir and want nothing to add.
