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Kiran C M (Student)     28 October 2010

Cash withdrawal without authorization

A company had authorized 2 director's - A & B to operate the current account of the firm. But a third director did large withdrawal from the bank using cash withdrawal form. When the company requested the bank for details of the transacton, the bank replied that cash was withdrawn using a cash withdrawal form. It is mentioned on the form that it was communicated to them that the cheque will be submitted later during the day.

1) Can this act of the third director be considered as fraud and can criminal charges be raised against him ?

2) Can the company file a case against the bank for the refund of this money along with the losses incurred to the company due to this ?

 



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 5 Replies

R.Ramachandran (Advocate)     28 October 2010

Dear Kiran,

It is not enough if the company had internally authorized 2 directors to operate the current account of the firm,

but what is most important is what was the instructions given to the bank - i.e. as to who will operate the account?

Kiran C M (Student)     29 October 2010

Proper instructions were given to the bank notifying them that only these two directors can operate the account.

R.Ramachandran (Advocate)     29 October 2010

In that case, yes, you can take action against both the Director as well as the Bank.

1 Like

Parthasarathi Loganathan (Advocate)     31 October 2010

Provided the authority is supported by a Resolution Document authorising both the Directors to operate the said account

1 Like

Kiran C M (Student)     01 November 2010

Thank you for the reply.

What kind of action can be taken ? Can criminal charges be pressed against the director?


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