Case under section 409, 419, 420
I was an employee of SBI. In 2012 i was suspended from the service stating that I have committed fraud into the accounts of 2 customers. Subsequently the Internal Enquiry took place and I was dismissed on June 2013. Then the final appeal to was rejected in October 2013. During entire enquiry none of the customers into whose acc I had misappropriated funds were called. Only 1 customer gave a complaint forcefully persuaded by BM after 3 months of my suspension. The second complainant i.e. my father has not given any complaint. But he repaid the amount Rs 252000/- after the BM forced him to pay. I was no where in the picture during repayment. In November 2013 they have lodged and FIR. Police has charged IPC 409, 419 and 420. I applied for Anticipatory Bail but the session court rejected it stating that repayment of amount means admitting guilt. But i have not repaid the amount, it was my father, one of the alleged customer. Now I am applying in high Court again. Wanted to ask if the case under 419 and 420 be compunded. If yes then it will be between me and the 2 customers or the Bank who has lodged the FIR. Can IPC 409 be compounded too under special discretionary powers vested upon High Court.
Asked in Criminal Law from Bhoapl, Madhya Pradesh
A case u/s 419 and 420 IPC is compoundable with permission of the court before which any prosecution of such offence is pending. For an offence u/s 409 IPC , the first essential ingredient to be proved is that property was entrusted.,this charge cant be framed as the entrustment of property could not prima facie be established as per your statement. It is well settled law that section 409 of IPC can not be invoked unless there is entrustment of property or valuable security. You have to prove that you were not entrusted with any money by cogent, reliable, oral, and documentary evidence before the Magistrate as this section is non compoundable.
1. The said cases can be compounded,
2. Cases are compoundable between the alleger & the accused.
Thank you all for your valuable suggetions. But Soumya madam I was a Clerk in SBI. So the police officer told me that IPC 409 is for the bankers. I had forged the signature on the withdrawal slip. But now the party concerned is ready to speak in my favour that it is not forged but she has signed and the bank has forcibly taken a written complaint from her.
Asked 3 years ago
Yes it can be compounded with the permission of the court.
Advocate, New Delhi
If you can manage such statement on affidavit from the Complainants then the case may be allowed to be compounded by the Court.
You can ask the party concerned to give written statement that you have not signed the withdrawal slip,then the complaint lodged by bank will be ground less.