This site is under development, some of the functionalities may not work properly.
Atul Mishra
in Commercial Law Criminal Law
Asked September 03, 2017

Held criminally responsible for executing an illegal order of the Employer

  • 3 Answers
  • 284 Views

Dear Sir, I was employed with a financial institution where one of our customer is into business of digital marketing and I was the relationship manager of the account. A Govt investigation agency was investigating this customer and during their investigation they have found that I am also the accused of same IPC’s which is related to the customer. I was accused of IPC 420,467,468,471,409,120B,34. Banning Act ¾,5/6. Customer is maintaining us heavy balance with us and for day to day transactions he used to keep in touch with me as I was the one point touch for the customer. The agency has put the customer phone on surveillance and our conversation is recorded and they make this recording as a main evidence against me. They have accused me that I helped the customer to get out all funds from the account. But the fact is that our management has already decided that let the all funds go out from the customer and after that we will close the account. During this the investigation agency is also doing their investigation .I was out on bail and the bail is granted by the Allahabad High court. There is no profit gain from my side even my bank accounts are checked by the agency and the same is asked by the high court and they have found that there is no financial gain to me. Only my conversation is recorded where I have asked the customer that kindly take out all his money from the account and also some time I asked him to put some money in account for the Bank target. The investigation agency has never ever told me that no outflow should happen to this account. Kindly help me and also suggest me a Lawyer to finish this case soon.

Answers 3

Case papers are required to be examined to render any advise. You must prove that you were acting as employee and has discharged you assigned duties without have any criminality in the particular case and also no connivance with accused person beside other grounds. Sidharth 9811776422

Agree Comment 1 Agree over 3 years ago
  • Default avatar
    Atul Mishra
    Respected Sir thanks for your valuable advice. What paper you required to give me exact advice on this. I am innocent and from last 6 months my life has been changed. Today I am job less and my Bank has also not given me reliving letter due to this.I have my offer letter which is provided by the bank at the time of joining the bank. In a Private bank all instructions given by supervisor is verbal there is no writeen evidence apart from the offer letter. My branch manager and my Cluster head has been also the witness and has given statement to the investigation agency. I read there statement and found that there statement is neutral. Request you to kindly let me know what paper you required.Sir request you to kindly support me.
    Agree 0 Agrees over 3 years ago


It seems that you have been accused of carrying out a criminal conspiracy with that customer to defraud the bank and the government. This is why they have specifically applied Section 120-B IPC on you.

However, proving criminal conspiracy or meeting of minds is difficult, as seen under Section 10 of Indian Evidence Act, 1872.

 

In Sachin Jana and Another vs State of West Bengal [2008 (2) scale 2 SC], the Supreme Court recognised that direct proof of common intention is rarely available, and therefore, such intention is to be inferred from the proven facts/circumstances of the case. This means that the prosecution must come up with significant circumstantial evidence- which is very difficult to prove.

Common intention means “meeting of minds”.  In this case, you can argue you advised and accidentally helped the accused as part of your official duties. You had no common meeting of minds with the accused to defraud the government and thus the government cannot accuse you of colluding with the customer. Use documentary evidences and other witnesses to prove that it was your company’s policy and your official mandate to help the accused in the manner you did.

 

You can use any lawyer's services- either by referring to Lawfarm itself or from the sessions court/high Court where the case has been filed. 

Agree Comment 1 Agree over 3 years ago
  • Default avatar
    Atul Mishra
    Sir, Thanks for your valuable advice it really release my mental pressure.The instruction which is given to me by supervisors and senior authority of the Bank was over phone and there is no recording. I have my offer letter which is provided by the Bank at the time of joining but on offer letter only mentioned the compensation and there is mentioned that duties and assignment will tell on time to time.Kindly advice what to do?
    Agree 0 Agrees over 3 years ago


Copy of FIR, challan and if trial begins then copy of orders are required to be examined to give any advise on the subject. Sidhartha Srivastav 9811776422

Agree Comment 0 Agrees over 1 year ago

Please Login or Register to Submit Answer