Legal Advice

How to settle a dispute regarding withdrawn money from a friend’s bank account?

Question: A person had withdrawn a good amount of money from his friend's bank account. His friend filed an FIR and he went to jail for 1 week and then released on bail. Currently he is on bail since 2019. How to settle a dispute regarding withdrawn money from a friend's bank account? I was handling his bank account and transferring money to the transporters. We are not partners in his firm. I am an employee but being a friend I had some extra power in handling bank account. 

Advise

You have committed an offence i.e. criminal breach of trust. This is punishable under Section 406 of the Indian Penal Code (IPC). Section 406 is a compoundable offence

If the informant/complainant is ready to settle the issue then the court can compound this case under Section 320 of the code of criminal procedure (crpc). 

Composition can take place at any stage of proceeding. You can apply for composition of case at the advance stage of trial or at the beginning of trial. But in all situations consent of court is mandatory for the composition. 

After composition the court will acquit the accused thereafter he shall not be again prosecuted for the same offence. Therefore, you should file an application for compounding of offence alongwith the agreement. 

If you have not prepared a settlement agreement you can file a unilateral petition in the court for compounding. The court will admit your petition and compound this case, 

Shivendra Pratap Singh

Advocate

High Court Lucknow