• False case lodged

I joined ICICI Bank as branch manager in Hooghly in August 2015 and was transferred to Kolkata in April 2017.Much after my transfer in December 2017 there was a cash theft of Rs.8,00,000 in Hooghly branch for which the cashier was blamed and a forced confession letter was taken by the current branch manager to accuse the cashier.The confession letter also mentions that the cashier had stolen the cash under my influence over phone and the stolen money was later handed over to me by the cashier.The dates mentioned in the letter and the amount are as:6th November-Rs 4,00,000 in 2000 currency, 30th November-Rs 2,00,000 in 2000 currency and 5th December-Rs 2,00,000 in 2000 currency. The cash shortage was detected by the statuatory auditors during process check on 6th December 2017.

In a bank cash is maintained under dual custody wherein one of the custodian is the cashier and the other is the operation manager.In this case the operation manager was the joint custodian who used to verify the cash balance daily and endorsed his signature on the bank's cash balance register but astonishingly during internal inquiry he has revealed he never checked cash properly and the cashier has stolen cash observing that the operation manager had a casual approach.However CCTV footage shows the operation manager does check cash at teller counter at the close of business hours everyday.

The truth of the case is the current branch manager with support of the operation manager had managed to obtain the cashier's keys during business hours in a situation where there was customer rush in the teller counter and at the same time some customer had arrived at the branch to close his/her jewel loan wherein a visit to the cash vault was required, the current branch manager and the operation manager stole cash from vault.On getting detected they have put the blame on the cashier and since the cashier was close to me and the current branch manager had earlier greviences on me he added my name in the scam.

Bank has lodged a FIR at the local P.S. under section 406/420/409/120(B).The cashier is arrested and currently facing judicial custody of 14days and my application for anticipatory bail was rejected by sessions court since Section 409 is related.

Require help how to get bail and to get the actual culprit behind bars.
Asked 4 years ago in Criminal Law
Religion: Hindu

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11 Answers

You need a good lawyer who can get you good work done for your bail. Discussion necessary

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Dear Client,

Matter will resolved through police investigation. Bring all the facts before IO, and for definite, the operation manager cannot be absolved with the excuse that he kept causal approach in checking cash reserve.

This will be refuted by CCTV footage.

Admission of cashier is fatal,

Well, apply for bail on the ground that the actual person who had custody of cash (OM), not rolled in FIR but the person who is not working in the branch is incriminated without any proof of involvement in crime.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

if your application for AB has been rejected file application before HC for AB

2)take the plea that in bank cash is maintained under dual custody wherein one of the custodian is the cashier and the other is the operation manager

3) mention that operation manager was the joint custodian who used to verify the cash balance daily and endorsed his signature on the bank's cash balance register

4) that you were transferred to Kolkata in April 2017 and theft had taken place in December 2017

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hello,

Closeness to an employee does not automatically prove that you are guilty. You were already in kolkata when the theft happened. The statemennt if the cashier is relevant but only to the exgent that there is evidence for what he says. Even if the cashier says as he has,that you were involved,it does not prove a thing. Cashier must have been cooped by the bNk by telling him that name anybody and we will let you go.

Moreover why there is no cctv footage near the cashiers vault??This is surprising.

Anyway,even if you AB is rejected do not worry. Engage a good lawyer. You should file an application for discharge before the DJ.

The cashiers statement is valid to th extent where the authorities can prove that you were complicit in the crime. If they have no evidence against you and they are unable to prove the same,thy would have to let you go.

After filing of teh chargesheet file an application under section 482 before the calcutta HC.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Sir first of all approach high court for anticipatory bail.

Secondly bring the cctv footage of the said dates before the IO, also your statements should be recorded.

thirdly call details cannot be only basis of the charges can be main contention before the High court, no relation, no presence, no cash from you was recorded, the manager was responsible for cash but he neglected duty as he was part of this not,(as there was cash shortage on three dates and he overlooked all three.)

Further approach high court with quashing petition to quash FIR against you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Well, since FIR is registered then there is no way but to seek bail.

If the sessions court has refused bail then you can file application under section 438 crpc before the high court.

When there is allegations of defalcation of fund or economic offence is alleged getting bail at early stage become difficulty.

If the copy of FIR and actual case history is shared then further advice on getting bail can be advised.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Querist,

You have following remedies:

1. You may approach the HC for bail.

2. You may also go for FIR quashing.

The only point relevant for you at this time is that you just need to establish that ingredients of the offences mentioned in FIR are absent. It may help you in getting bail/ interim protection.

Regards

Rahul Kapoor
Advocate, Lucknow
24 Answers

Not rated

If you are anticipatory bail has been rejected by sessions court you should immediately approach High Court and file for anticipatory bail.

You should submit all the evidence to the IO and get your statement recorded. Since, the bank cash is maintained under dual custody wherein one of the custodian is the cashier and the other is the operation manager, therefore prima facie you cannot be held liable as the stolen cash was never in your custody and and your having good relations with the cashier does not implicate that you are also involved in the said crime.

Also submit the CCTV footage to the police showing. The most important fact in your case is that you are transferred in April 2017 but the said theft took place in December 2017 after your transfer.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Hello,

File an appeal to the high court , if you have any prima facie proof which indicates your absence or your non involvement .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1. Your concern is that your AB has been rejected by the Sessions court making you liable to be arrested now.

2. You have no option other than applying for AB before the High Court challenging the order passed by the Sessions Court.

3. Thereafter you can file a petition before the High Court praying for quashing the FIR registered against you after the charge sheet is filed by the Police.

4. Your first step should be to get yourself cleared from the case.

5. You have no role to play for sending the culprits behind the bar since you are not the complainant. law should take its course.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

First you get enlarged n bail by applying for it in the high court.

After that you get acquitted from the case.

Let the bank decide further course of action on it.

Without evidence you cannot initiate any action on this scam.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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