Withdrawal of a criminal case
D Nanda Kumar
(Querist) 20 October 2011
This query is : Resolved
While working in the Bank supposedly forged Export bills were submitted to Bank by a party & handled by me on occasions apart from others in centralized Foreign Exchange dept. Case was filed in the year 1992 by CBI in Special Court Mumbai accusing all the 6 Officers who at one time or the other handled the documents (& the part). The alleged forged documents have been taken back by the party from the departmental head at that time who was the only person against whom the Bank took action & removed ( he died before filing of the case in the court).
After several dates spanning 16 years & transfer to different courts & Judges, framing of charges was done on 24.04.2008. The CBI could not trace the papers & the papers deposited with the Court are also being searched. During the 3 years after framing of the charges only one witness has appeared & his disposition (the Sanctioning authority) on 9th February, 2011 is as follows:
I thoroughly went thro’ the report, i.e the sanction order & based on the contents I signed the same. I did not see the papers related to the case & I do not remember whether any other papers were put up to me.
During cross examination:
1. I did not dictate the contents of the sanction order.
2. I do not know who has prepared it.
3. I cannot confirm whether the order was signed by me on the date mentioned in the order as many papers come to me as I was the General Manager & it takes time to attend them. Normally it is kept & signed at a later date.
4. I have not verified whether the bills mentioned in the order are all pending for realization or some of them are realized.
Subsequently, some of the witnesses mainly from the Customs have been produced and they have all deposed to the effect that the goods as shown in the exibit documents have been cleared for export and shipments duly done. As it is in conformity of our contention no coss examination was done by our side or the party’s side. Further to that in the last week's (on 12.10.2011) hearing the court has been told by the public prosecutor that they intend withdrawing the case as they do not have further documents. The actual submission in writing is still to be done and in the mean time can anybody tell the effect of such withdrawal on the case and if acquitted in such circumstances my recourse to the claim on promotion from the Bank. Tks
ajay sethi
(Expert) 20 October 2011
you are indeed lucky that after 19 years CBI wants to withdraw the case .the case can be withdrawn with the consent of the court . the court must be satisfied that withdrawal is necessary upon considertaion of various circumstances .since withdrawal is being done after charges are framed you would be acquitted if the case is with drawn then the bank cannot deny you promotion if you are eligible
Arun Kumar Bhagat
(Expert) 20 October 2011
You will get all service benefits on your acquittal from the case.
D Nanda Kumar
(Querist) 20 October 2011
Thanks a lot to both of you. Lets hope it goes thro'. Any way it was a known fact that the CBI did not have supporting documents. Tks.
D Nanda Kumar
(Querist) 13 February 2012
Despite the oral submission by PP on 12.10.2011 for withdrawal of the case (details in the attachment)there is no progress in that direction till date. Witnesses are being called with out papers and time is going on. Is anything possible to expedite the process thro' RTI act. Please let me know. JGD
