LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

PREETY (EMPLOYEE OF P.S.U. BANK)     27 March 2009

COMPOUNDABLE & NON COMPOUNDABLE OFFENCE

 

IF AN FINANCIAL FRAUD COMMITED BY AN PUBLIC SECTOR BANK BY ITS EMPLOYEE IS REGISTERED WITH C.B.I. UNDER SECTION 120B,467,468,471 & SEC 420 IS COMPOUNDABLE OR NOT IF THE EMPLOYEE IS READY TO RETURN THE BOOTY BACK TO THE BANK UNDER THE VERBAL ASSURANCE BY BANKS G.M. THAT IF THEY RECEIVE 80-85% OF SIPHONED OF FUNDS BACK THEY WILL WITHDRAW THE CASE . FOR THIS HE ASSURES THAT A LEGAL AGREEMENT CAN BE ALSO MADE. IS IT TRUE THAT A CASE REGISTERED WITH C.B.I. UNDER FOLLOWING SECTIONS AND WHERE THE FORGED INSTRUMENTS ARE SENT TO LAB BY C.B.I. FOR SCIENTIFIC TESTING A COMPROMISE CAN BE MADE ? . WHETHER THESE SECTIONS CAN BE MADE COMPOUNDABLE BY BANK WITHDRAWING THE CASE , AS THE FUNDS INVOLVED IS OF BANK ( AS IT HAS TO SUFFER THE LOSS BY PAYING BACK THE FUNDS TO THE AGRREIVED PARTY i.e. account holder) .Q 1 = IS IT POSSIBLE OR NOT?. Q -2 = WHETHER THE CASE CAN BE WITHDRAWN AND COMPROMISE CAN BE MADE.? Q-3 = WHETHER THESE SECTION CAN BE MADE COMPOUNDABLE BY ANY MEANS ( BY COURT OR BY MUTUAL SETTLEMENT) ? Q-4 = THE CASE HAS NOT BEEN PUT UP AT COURT TILL NOW BUT THE C.B.I. IS INVESTIGATING THE CASE FOR LAST ONE YEAR.? Q-5= CAN YOU SUGGEST A LAWER FOR THIS CASE WHO WOULD HELP ME OUT?


Learning

 4 Replies

Kiran Kumar (Lawyer)     27 March 2009

there have been no. of recent judgments by the Hon'ble Supreme Court regarding the quashing of the cases on the basis of compromise....S.C specifically says such type of quashings shall be confined to disputes akin to civil nature only.


no doubt in few of the criminal cases complaints/ fir have been quashed on the basis of compromise.


as far as ur matter is concerned the FIR and the Chargesheet has to be read first in order to form any opinion.


quashing on the basis of compromise has become a larger issue now pls provide me with the apt details so that i may advice u properly.


Kiran Kr. Madan,


Advocate


09814303538


harry.law@hotmail.com

Swami Sadashiva Brahmendra Sar (Nil)     27 March 2009

1. in this case only s. 420 is compoundable, that too by bermission of court.


2. employee should not believe on banks assurance to withdraw the case.


3. any agreement as assured by the bank will be void and can not be enforced against it by the accused /employee.


4. return of money itself will be an strong proof against accused i.e. it will amount to confession.


5. you have not given the place so as to sugest a lawyer.


- Dr. V.N. Tripathi, Advocate , Allahabad high court


email: dr.vntripathi@yahoo.com ;


mob 9839527421 ph: 0532-2545245

Ravi Arora (Advocate)     28 March 2009

No chance of compromise. In which state you are and what F.I.R says give full detail

Anish Thakur 7018812737 (advocate)     10 January 2012

BANK CANT NOT GO FOR COMPROMISE AS THE POLICY OF ANY BANK NEVER ENCOURAGES FINANCIAL FRAUD, AND COMPROMISE BY BANK IN ANY FINANCIAL FRAUD WILL AMOUNT TO ENCOURAGE IT ,IS ONLY A TRICK PLAYING BY BANK TO MAKE CONFESSION FROM THE ACCUSED.

ANISH THAKUR

ADVOCATE

SHIMLA HIGH COURT

09459321520


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading