Legal Question in Criminal Law in India

Criminal Complaint against Joint Holder of a Bank account

R/Sir,

I was having a joint account with my brother in the co-operative bank, which could be operated by either of the account holder. On the sad demise of my brother I withdraw the balance amount in the account & closed that account. Now my brother�s wife has threatened me to give all the amount of that account otherwise she will lodge a criminal complaint against me & I will be put behind the bars. I fail to understand how such complaints can be entertained when I am legally authorised to withdraw amount as a joint holder of that account. Moreover if police or lower courts entertain such complaints, then will high court rescue me in quashing of such complaints? Furthermore can co-operative bank furnish the details of a closed account to a person who has become a legal heir of it after the closure of that account? If yes then is it not against the banking laws & rules?


Asked on 5/19/03, 3:49 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Criminal Complaint against Joint Holder of a Bank account

To answer your question one of the most important information is lacking. It is essential to know first about the ownership of amount in the joint account. Whether that amount belonged to your brother ? Depending on this information your query can be replied effectively.

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Answered on 5/20/03, 5:02 am
RAJENDRAN C Lara&co

Re: Criminal Complaint against Joint Holder of a Bank account

First of all you have not stated whether the money in the account belong to the joint faimly of bussines related money. Even assuming it is joint family/business money jointly owned by you and your brother, you have every right to withdraw and close the acount. But if part of the moey is due to your brother your brother's wife has got right over that part of the money alone. If you fail to return the money she cans approch civil court or even to criminal court on groumd of criminal breach of trust. If police complaint is lodged by your sister in law, you can explain the situation and if ther do not believe your version, you can defend the criminal case with evidence that the money belong to yoy absolutely or partly. Consult An Advocate, before taking any hasy action.

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Answered on 5/26/03, 1:03 am


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