Legal Question in Criminal Law in India

Section 120b,467,468,471 &420

If an financial fraud commited by an public sector bank by its employee is registered with c.B.I. Under section 120b,467,468,471 & sec 420 is compoundable or not if the employee is ready to return the booty back to the bank under the verbal assurance by banks g.M. That if they receive 80-85% of siphoned of funds back they will withdraw the case . For this he assures that a legal agreement can be also made. Is it true that a case registered with c.B.I. Under following sections and where the forged instruments are sent to lab by c.B.I. For scientific testing a compromise can be made ? . Whether these sections can be made compoundable by bank withdrawing the case , as the funds involved is of bank ( as it has to suffer the loss by paying back the funds to the agrreived party i.E. Account holder) .Q 1 = is it possible or not?. Q -2 = whether the case can be withdrawn and compromise can be made.? Q-3 = whether these section can be made compoundable by any means ( by court or by mutual settlement) ? Q-4 = the case has not been put up at court till now but the c.B.I. Is investigating the case for last one year.? Q-5= can you suggest a lawer for this case who would help me out?


Asked on 3/27/09, 3:51 am

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

Re: Section 120b,467,468,471 &420

Restoration of amount or part of it has nothing do with an offence.

There can not be any agreement contrary to provisions of law.

Except section 420, other sections are not compoundable.

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Answered on 3/29/09, 2:30 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Section 120b,467,468,471 &420

HELLO.

GOOD AFTERNOON!

1. The FIR cannot be withdrawn at this stage.

2. This case cannot be withdrawn by the Bank after the registration of the Police Complaint.

3. It depands on Court's discretion.

4. Case cannot be withdrawn by the CBI.

5. Engage a local lawyer as soon as possible.

I would advise you to return the Bank Money and compromise with the conditions.

Take Care!

In case of need please contact personally alongwith the details.

OR

In case of further query mail me.

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Answered on 4/04/09, 6:06 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Section 120b,467,468,471 &420

Q - 1 : Once FIR is registered, the Bank may have no power to withdraw the same;

Q - 2 : After registration of complaint by Police, the case cannot be withdrawn by the Bank. However, the police may make a report that the case is not worth pursuing.

Q - 3 : May depend upon court's discretion.

Q - 4 : CBI may not withdraw the case;

Q - 5 : A local lawyer may be engaged. You have not mentioned your place.

Even though legally speaking a compromise may not be possible, it may still be better for you to return the Bank's money and enter into some sort of compromise; it may strengthen your case during trial, if at all the CBI files a challan. The court may also take a lenient view and try to help you out.

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Answered on 3/27/09, 7:31 am


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