S.420,467,468,120b,409 ipc charge discharge crr pending hc
It will be a matter of great pleasure and also i will be highly obliged to you if you please let me know whether bank officer/employee is public servant ?
A case has been instituted by Police with bad intention in court under s. 409,120b,467,468,420,34 for helping the accused in fraud case.
The accused committed fraud by stealing the password of 9 employees in 52 months continuously and escaped from catch. After detection of fraud it came out that he was doing all this by stealing password. The various investigations/audits of bank have found only the lapses of systems and procedures. Not a single pie has gone to the accounts of these newly added co-accused. Their name do not appear in FIR.They are doing regular job in bank after departmental punishment.Enforcement Director after investigation has reported that the main accused has done all this by stealing password of employees. Our case is soon to be heard by High Court under CRR. On one of the day i was on leave the main accused previously having stolen password committed fraud using my user id.He prepared voucher and has signed it Bank has confirmed that voucher ius signed by main accused.This is the material defence i have in hand.
Please guide can we take advantage on the plea under s.197 CrPC , and whether we are public servant ?
Your help in this regard will prove a lot of advantage to all us who are near retirement.
N K Banhani