Bank through manager or any authorised representative can lodge FIR against the said offenders. If FIR is not recorded by police you can also file criminal complaint to magistrate

File petition in HC for quashing of FIR 

2) bank officer is not responsible for online fraud 

3) complaint should be filed against fraudster 

4) if police refusing to lodge FIR against fraudster file private complaint before magistrate under section 156(3) of cr pc to direct. Police to investigate and submit report 

We understand it is typographical error 

Judgments depend upon facts of each case 

No two FIR can be lodged for same offence. 

If the fraudsters are not named in FIR, you can apply to court for adding their name as accused. 

This is allowed in CrPc. 

Now you can file another FIR against Fraud person under cyber cell law for transferring online money. Do your bank has facility to send the OTP on account holder's mobile like other bank do then chances of yours less to be accused in this case.  I can provide you citations in this regard.

You need to present proofs to the police officials for your non indulgence in the fraud.

If you have sufficient proofs than you have to file for quash of FIR in the High Court. 

And you need to file separate FIR against the fraudster and beneficiary bank.

You don't have to worry about removing your name from the complaint or FIR lodged by your customer.

Since the fraud has come to your knowledge and as a manager of the bank it becomes your duty to rectify the issue by initiating appropriate legal action as per law,  by which you are required to lodge a criminal complaint against the fraudster with the concerned police department. 

You don't worry about the pending FIR against you. 

Your bank's panel lawyer will take care of it and will bring you out of case safely. 

What judgment you want,  there's nothing happened so far,  you want a judgment so soon.

First you discuss the subject matter at length with your bank's panel advocate and take steps as suggested to defend your interests. 

Yes it was understood as 'fraud ' only. 

The suggestions rendered therein was also on the basis of fraud that had taken place. 

1. Bank is free to lodge a fresh FIR against them if police has not during the course of investigation arrayed them as accused.

2. How do you rights and remedies get prejudiced in any manner if bank lodges a fresh FIR?

The police before the completion of investigation can not remove the name of an accused person and include the name of another. 

However there is no legal bar for a cross case whereby the accused person lodges complaint against another person who mat have committed the crime. 

So you can do so and let the police unearth the truth. 

Dear Sir/Madam,

You are suggested to file a written complaint to the police including SSP to register separate FIR against the fraudster and if FIR not registered by the police, file the case under section 156(3) of Cr PC to CJM Court for registration of FIR.  

File FIR quash petition in High Court. Also file secodn FIR. Second FIR can’t be Quashed if there is Discovery of New Facts. If police do not register, file FIR through court.

And if you have no role in crime. Police have no option but to investigate the real culprit.

Based on the complaint lodged against you and your officer, you lodge complaint against the fraudster and beneficiary Bank.

You can lodge complaint with the concerned Police and get the FIR registered, if the police refuse to register FIR, you can file compliant U/s.156(3) and seek direction from court to direct police to cognizance and investigate case.

Police cannot remove the name of accused once FIR is registered.

You and your officer can file petition to Quash the FIR filed against you, since Bank / Bank Officers are not responsible for online fraud.

The Judgment differs from case to case.

The basic requirement will be, facts of the case needs to be looked into. 

In your case, more than Judgment, you need to get the FIR on you and your officer Quashed and lodge complaint against the fraudster and beneficiary bank.

- As per law, if any person having knowledge of the commission of an offence , then he can file a complaint, even though the concerned person is not personally interested or affected by the offence.

- Since, you are having information and evidence , that some fraudster has committed the offence after illegally transfer the amount of customer account with some bank , hence you can also lodge your complaint with the police and higher official against the unknown fraudster , and the said beneficiary bank .  

- Being an officer of the bank  and not a cyber man , the control of such cyber fraud is out of your control and reach , and for the said offence , bank is not responsible for the same, except there is direction connection with the fraudster. 

- If police refused for lodging the FIR , then you can approach the Magistrate under section 200 read with section 156(3) CrPc for the investigation and lodging FIR. 

- There is no bar , that being an accused in the same offence , you cannot lodge your complaint . 

- Further, you can also approach the High court for quashing the said FIR lodged by the cyber police as well. 

Kindly note the circular from RBI which is self explanatory:

(a) Zero Liability of a Customer

1. A customer’s entitlement to zero liability shall arise where the unauthorised transaction occurs in the following events:

Contributory fraud/ negligence/ deficiency on the part of the bank (irrespective of whether or not the transaction is reported by the customer).

Third party breach where the deficiency lies neither with the bank nor with the customer but lies elsewhere in the system, and the customer notifies the bank within three working days of receiving the communication from the bank regarding the unauthorised transaction.

(b) Limited Liability of a Customer

2. A customer shall be liable for the loss occurring due to unauthorised transactions in the following cases:

In cases where the loss is due to negligence by a customer, such as where he has shared the payment credentials, the customer will bear the entire loss until he reports the unauthorised transaction to the bank. Any loss occurring after the reporting of the unauthorised transaction shall be borne by the bank.

citations depend upon case to case. 

yes it's fraud 

You do not require any judgment for this.

1. Bank can lodge a separate FIR against fraudster.

2. No need to force Investigation officer for removing name of bank officials as it was not your fault you will get acquitted by court if they file chargesheet against you. 

3. Instead you should provide documented proofs that it was a fraud online transaction and you or any other bank official have nothing to do with online transfer of funds.