• Can court take action on chargesheet

I am bank employee in 2007 when i was in cash 5 lacks cash missed. Bank suspend me and also put complain in police station in my name under sec 406. Bank did department enquiry and in between police also done but you know the working style of police they demanded me and asked me if you give me then i will summit report in your favour. Lastly in year 2008 police summit chargesheet against me in court bank also done enquiry and reinstate me in feb 2nd 2009. Bank give me 2 increment cut punishment.

Now i just want to know that when bank already restated me after lodging the complain against me with police and police file chargesheet against me in court. I want to know that can court take any action on that chargesheet or the chapter is closed?
Asked 3 years ago in Criminal Law from Lucknow, Uttar Pradesh
After filing the chargesheet, you would have to attend trial in the case. The bank would have to prove that you have committed breach of trust against it. Nevertheless, though reinstated you would have to stand trail or go for quashing if you evidences supporting your claim.

thanks.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
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Your employer has not exonerated you from the charges of breach of trust and it appears that the charges in the inquiry are proved. However the finding in the domestic inquiry shall have no bearing on the criminal trial because a strict proof is required there. if your employer is ready to co-operate with you, the offence can be compounded. Plead with your employer, since a lenient view has already been considered by him.
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
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Court trial in your case   is criminal trial and case has to be proved by public  prosecutor.
Anil Gupta
Advocate, New Delhi
180 Answers
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Hello,

When the case against you was initiated, you were facing two actions, i.e. departmental and criminal. The Bank has exonerated you from the departmental action but the police has found the offence proved against you, hen they filed a charge sheet against you.

Now you will need to fight the trial before the trial court. However, it appears that the Bank is on your side. So you may try to get the offence u/s 406 compounded by compromising the matter with the complainant. The Bank is the complainant in the matter so it should not be difficult.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
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Your question is already replied,time will not bar the charge sheet.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
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Dear Querist
nothing left to add, agree with experts
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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Hi,
 Now if you have evidence to prove  it as false , FIR can be quashed. You may take the help of your advocate to file a quash petition in the higher court. In case your quash petition is not allowed, take trial and try to  disprove the charges to get an acquittal.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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If the charge sheet has been filed in the court and you have not obtained bail then you may be arrested by police at any time without a warning being given. If your employer agrees to let you go then the criminal case can be withdrawn from the court on a joint mention.
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
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