Bank vs employee

U R relative has to face the criminal proceedings for the intentional fraud committed by him.Even though he has deposited back the amount to the bank that does not save him from facing law.Actually he must have been arrested by this time.Don't suggest urgency in the matter.

"No one is above law".  Such kind of cheating by Bank employees is more dangerous and taken seriously in law. "Jaise karne vaise bharne"

(By returning the stolen money under pressure, no law states that the perpetrator becomes clean and innocent. Further returning the money and admission of the crime is itself establishment of entire fraud)

Before deciding to post the query, place yourself in the shoes of victims (hard earned money)  and how do you decide if it the money and inconvenience is your own.

Just because he has returned the money.prima facie still exists,all the above sections will see that he is behind bars at least for a period of 7 yrs,sans his job.

Now its not possible as per the banking and finance act such kind of negligence case this is kind of intentional act done whether its amount is paid back but its not releafe because when he enterd in bank for working its banks trust on employee and customers trust on bank this 2 trusts are violated now due to this act hence bank surely can not leave employee if he leave this then other employees also can do such kind of acts result all customers are trustless for the banks hence law is equal for all now your relative only can do 1 think accept correct charges filed by bank which are wrongfull oppose it and pay fine and complete your punishment of impresunment what ever but take this in mind hence forth this black dot is in the carrier of your relative he can not work with any bank or financial institution due to this.

Engage a better advocate and try to plead guilty and also for lesser punishment as the amount has already been recovered.

Dear Querist,

UR relative has to face the proceedings,which might have already started.As a cashier he has acted contrary to the Banking Service Regulations.Hence he is liable to be punished .Further extending the query is not of much use.

agreed with all experts.

the solution given by Mr Kalaiselvan was striking my mind.  This may save money time and harassement for the accused. 

Hi All

Thanks a lot for your valuable inputs. It was really helpful. 

I understand and totally agree of the fraud made by my relative. However, as he is the only earning member in his family of 50 members he committed this mistake under extreme family pressure.

I have suggested your advice and the case is in progress accordingly. 

Since the money is deposited in the Bank I am sure the court will consider his career span of 32 years and decide a punishment accordingly .

Thanks again for your valuable input.

Minal

Minal as the fraud committed was intentional,even though he has remitted back the amount,the degree or the velocity of the crime does not depreciate.The procsecution will proceed according to the chargesheet only.Whether he is the only earning member in the family is immaterial in the eyes of law.He has to defend himself .

By posting all this, you can be of no help him to when the matter is in Court.

Use your influence and make efforts to provide him alternate employment.

Do you know any one that has no problems or nesseties ?

Do the law permit if you go a restaurant consume bare minimum food as you are hungry and not having money and thus can not pay  bill ?

(of course petty things and such financial frauds are different.  Atleast your friend is decent and repaid the money, admitted the mistake, I have known persons who make reverse argument as to what action Bank is taking against third parties, who default in crores of rupees, and the corruption at higher levels)

Here he has repaid only after the crime was detected and on demand from the Bank Authorities.But the crime committed continues till it is disposed off in the court.He cannot deny in the court as everything will on record.He is at the mercy of the prosecution and the defence available with him is bleak.

First, he has to try to get anticipatory bail.  If it is not granted, when he is brought before court, he shall move bail application and try to get bail.  Any how, in these cases, the evidence is documentary in nature, if he will be put behind bars, within 15 days, he will be granted bail.

Next, the case revolves that what did he write in his letter to the bank management explaining the issue.  If it is pure confession, he may face difficult days ahead.  If such letter can be read in different way by acumen advocate engaged by him, he may get a breathing space.  It also depends that his intimate personal relationship with the bank officials.  Because  they are prosecution witnesses.  How they turn out in witness box is also very vital aspect.  All your other averments like large family, impeccable 32 years service are not of much help to mitigate the enormity of the offence.

"Since the money is deposited in the Bank I am sure the court will consider his career span of 32 years and decide a punishment accordingly "

let himk confess in court and plead of lesser sentence rather than wasting a lot in futile. defence