credit co-op society deposited excess fund in schedule bank. fraud took place in the bank with bogus/fraud letter/resolutions of soceity. loan of Rs.94/- lakhs taken on deposit of Rs.1.25crore.bank suspicious the loan transaction and stop payment of some instrument issued and inform society. society issue legal notice to refund the full amount with agreed interest. bank refuse to pay amount of Rs.24/-approx. taken out by the accused stating the loan taken was as per procedure and rule.however the bank dismissed their bank manager one of the accuse in this case. society lodged FRI on that four accused arrested under section 406,420,467,468,471 with 34.The case is of 1998 and on initial stage in FCM court, taluka court. The civil suit lodged by ;the society against the bank was settled in full in the year 2010. 1)whether the society can gain any think form the criminal case? if yes how? 2)can the society withdraw the case with is verses state of maharashtra if they have no interest and if they are not to gain any thing.? if yes what is the procedure? 3)the case is not investigated fully. one main accused is absconding.initial state for last 16 years. can accused pray for dismissal of case on ground of speedy trial. if yes then in which court to be applied. 4) what is the best remidyfor accuse to get out of the case as early as possible with trial/without trial.
Yes they can get them convicted on proofs and documentary evidence and witnesses
Yes society can withdraw it by asking it to be referred to adalat or mediation or do out of court settlement or can ask prosecution to withdraw it
Yes he can ask for speedy trial of his by declaring other accused as absconding
Settle between the parties by making a joint statement in a stamp paper
1. Society can get the accused punished if proved guilty in trial.
2.If Society is interested, may get the same referred for mediation/settlement.
3.Accused can make prayer for speedy trial in the same court or get an order from session court
4.settle with the parties concerned outside court and then file petition u/s 482 cr pc for quashing FIR on the ground that matter has been settled.
SOCIETY if want get them convicted through this case or if interested settle the issue through mediation. or approach high court for quashing FIR
HI,
since some of the offences are punishable with life term and all sections are non compoundable in nature, it is not possible for withdrawal as already FIR has been lodged.in the same way mediation/settlement with the permission of the court is also not possible, other than witnesses turn hostile.
The accused will be convicted or acquitted, based on the trial and the society can get them punished if they insist ans support the prosecution properly.
Any sorts of out of the court settlement can be done provided the absconding accused have to be presented and obtain bail.
16 years is along time so accused can move an application on this base for dismissal as the bank has settled the connected matter already with the society.
If the trial takes place after the out of court settlement get the witnesses in the favour of the accused to ensure the acquittal.
I suggest the accused persons should file a quash petition in the high court as there are grounds which they can ask for the quashing of the FIR, since the people involved are ready to settle the matter and the financial part of the issue has been already settled.if the society can give affidavit of receiving their money and sopport the petition, good chance is there for the quash petition.
Dear Querist
my opinion on your queries are as under:
1)whether the society can gain any think form the criminal case? if yes how?
Opinion: in criminal case the society will not gain any thing, but if the case will proved then the accused may get conviction.
2)can the society withdraw the case with is verses state of maharashtra if they have no interest and if they are not to gain any thing.? if yes what is the procedure?
Opinion: the society may withdraw the case but after the permission of the court otherwise not, if there is any settlement then the accused may file quashing petition u/s 482 of crpc against the FIR/charge sheet.
3)the case is not investigated fully. one main accused is absconding.initial state for last 16 years. can accused pray for dismissal of case on ground of speedy trial. if yes then in which court to be applied.
Opinion: no on this ground the case can not be dismissed but the other accused may pray to court for separation of file from that accused.
4) what is the best remidy for accuse to get out of the case as early as possible with trial/without trial.
Opinion: settlement with the society is best option.
Neither you can withdraw the case nor the FIR IS LIKELY TO BE QUASHED. The case is not private to parties. It involves a finacial institution involving trust of people. The case can only be manupulated to acquittal of accused if witnesses do not support the prosecution case. The society however doesn't stand to gain in terms of money.
1. The society will not get anything monetarily out of criminal case. The accused will be put behind the bars if they are proved to be guilty,
2. All the charges cexcepting sec.471 are non bailable and all the charges are non-compoundable. Hence, the charges can not be withdrawn,
3. The accused can ofcourse pray for speedy trial. He can file a writ petition also before the High Court praying for a direction upon the lower Court to conduct a speedy trial,
4. Contact with the police to give charge sheet quickly so that the case can be disposed off. You can also file a Writ Petition before the High court praying for a direction upon the lower court for speedy trial.
1. The society will not get any monetary gain from the criminal case. In criminal case the court will sentence the accused to imprisonment if they are found guilty. Nothing more will happen.
2. The society cannot withdraw the case. The only remedy for the accused is to move the High Court for quashing of the charges. Charges will not be quashed on the mere ground that the society has nothing to gain from the criminal case.
3. If the case has not been fully investigated then the accused can move to High Court for a free and fair investigation. The quashing of case can be sought since there is a delay in the disposal thereof. High Court will decide whether to quash or sustain the case.
4. If the accused do not wish to face the trial then they may move to High Court for quashing if there is any ground for quashing.
