Criminal case ipc 420
Dear Sir,
With reference to the above subject, from last one year or so i made 60+ atm transactions using my atm cards (various banks) at particular atm (near to my house) of one public sector bank.
But due to atm malfunctions almost all these transactions were unsuccessful. After the chargeback raised through my account holding branch, the disputed amount was credited.
But the last few complaints was rejected by the said bank with a comment that i used that atm for wrongful gains & taking advantages of atm malfunctions like erroneous printing of transaction status in EJ COPY / JP LOG.They also blamed me that, i am a Fraudster.
But they failed to provide any valid evidence like JP LOG / EJ COPY, CCTV Footage etc related to these transactions.
The JP LOG / EJ COPY provided by the said bank does not contained any transaction details and shown a message " Supplies Out" & "Invalid Device".
Out of these rejected complaint, i filed a case for two missed atm transactions to the Banking Ombudsman (Reserve Bank of India) for resolution.The said case was amicably settled & Banking Ombudsman asked the bank to reimburse the disputed amount within 7 working days.Their (bank) Nodal officer also agreed for the same.
But after the decision of BO, the said bank filed a FIR against me and also mentioned my 2 relative names in the FIR (their card was also used in 60+ transactions).They tried to damaged my & my relatives reputation with false and baseless allegations.
Due to this, the police was arrested me and sent to jail even the said bank does not provide any evidence for cash dispense. After two months i got the bail.
They also sent the FIR copy and other details to the banking ombudsman. But the BO ignore the same & gave a decision in my favour.
So please let me know, can police arrest my two relatives right now.The police failed to submit the Charge Sheet till date (160 days over from FIR date).
Also let me know, what can i do right now..? Can i take a step against the bank right now for false complaint. I already filed an application under Crpc 482 for quashing the FIR.
For your kind information, after repeated requests the said bank did not comply the orders of banking ombudsman.Therefore, the BO issued an Award and ask the bank to refund the disputed amount within 30 days.
Hope you answer my questions with your kind favour.
Regards,
M Ganguly.