• Section 406,409,120,420

In my bank i am posted as a clerk my BM in connivance with FO and middle man i.e third party inappropriately given loan to various party which have turned npa as asset was not created. So bank filed case against this fraud account holder and also suspended the BM. 
NOW my Question is 4 fraudster have counter filed case against BM that he got their sign in the blank vouchers which later on he used to withdraw money to give it to middleman. Later on after verifying his allegation were found true as customer didn't came to branch for cash payment but his account was debited and payment was given to third party i.e middleman.
And i was cashier that time the vouchers was himself passed & Filled by BM so in good faith i gave cash to him lateron it was found that he further instead of making payment to third customer gave cash to third party. 
Now police is asking me that whom had you given cash insident is one year old no cctv footages available front of the vouchers is signed by customer himself and BM BUT in few vouchers back is blank and otherwise signed by third party.
Asked 4 years ago in Criminal Law
Religion: Hindu

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8 Answers

yes so the liability can fall on you so its better to keep defence real and strong that on instruction of BM you issued to the customer himself on verification of ID further for back side of voucher you will need a defence as to how it was signed by third party.

Also departmental inquiry can be setup against you too,

further are you just called for witness or allegations are against you??

kindly specify you question you have narrated the facts but what advise do you need has to be specified.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If vouchers were blank you had no business to make payments

You can only say that since BM had signed the vouchers payments were made by you

You needed identity proof of person to whom cash was paid

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

You have to contest no guilty however you have not applied your due care on the payment based on the BM instructions normal course of authorization.

You have to prove your innocence on the grounds that all the vouches were signed by the BM and you had no over riding authority to dishonour the authorisation.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. If the FIR is registered and you have been made co accused person then your first step is to apply for bail.

2. Thereafter you will have to face trial on merit.

3. Since the onus of proof primarily lies in prosecution to prove offence beyond reasonable doubt you need not prove your innocence.

4. If your name is not appearing on FIR then you have nothing to worry.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi, your stand should be , that the cash was given to the customers after signed the vouchers .. If there is no CCTV footage , then you shuould stand by your stand and depose that it was Customer who collected cash from you each time

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

If the police is enquiring you about the transactions details, you may tell them the facts.

If you are not involved in this scam then what is your worry about it?

No doubt, even if it was your own manager, you cannot flout the rules to your convenience.

To be on the safer side, you may give the statement about all the incidents that have happened and the facts that are in your knowledge.

In the name of saving your manager, do not get into trouble.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

You should say the truth.

He is senior to u, so doubting his integrity was null.

So, all vouchers were cleared by him on the pretext that he will give to customer.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can give your statement about the same in court or to Police. If you haven't done anything wrong dont worry. Try to get a anticipatory bail to secure from arrest.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

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