Court rejects bank's plea for FIR against its customers
Agencies: New Delhi, Nov 14 2012, 17:44 IST
that though there was "prima facie misappropriation" by the couple, "the essential element (for the offence of criminal breach of trust) of entrusting property was missing as the bank inadvertently gave the ATM card of another customer to proposed accused."
The sessions court upheld the magistrate's order saying, "the magistrate has declined the prayer for directions to the police to investigate the matter for the reasons that entire evidence is within the reach of the complainant and no custodial interrogation or field investigation is necessary."
The bank has, however, been allowed to lead evidence in support of its complaint under section 200 (examination of complainant) of the CrPC.
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