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Branch manager committed fraud and stolen my jewellery

By: Shivendra Pratap Singh
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Branch manager committed fraud by making a false entry in the loan register. He wanted to steal my gold ornaments; therefore, entered only 21 gram of gold in the bank’s record instead of 176 gram.

I took gold Loan by depositing my gold in the bank because I was in extreme need of money. The branch manager stored my jewellery and sanctioned the loan up to 80% of the market value. The loan sanctioned was 7 lakh rupees, and the total weight of gold was 176 gram. Bank manager made an entry in the register with full particulars of ornaments.

When I cleared the outstanding amount, the bank manager returned only one gold chain-weighted 21 gram. I came to know that he fraudulently made the wrong entry. The branch manager had stolen the rest of the jewellery. I want to take appropriate action against the branch manager.

The amount of loan itself proves that the mortgage gold weight might be 176 gram. You had borrowed 7 lakh rupees, so it is impossible to say that you mortgaged only 21 gram of gold. The loan register was in possession of the branch manager at the time of disbursement of the loan. Therefore, the branch manager made a false entry in the record for taking away your gold jewellery.

Whenever the bank gives a gold loan, it examines the gold jewellery for the valuation of its market value. After receiving the market value, the bank decides how much credit could be granted therefor. So the procedure of sanctioning the gold loan itself proves that weight of gold was much higher than the 21 gram. In the circumstances, you should lodge an FIR for the offence of forgery. You can also file a complaint before the Vigilance department of the bank.

The branch manager committed a cognisable offence punishable under section 420/467/468/471 of the Indian Penal Code. Your case is based upon documentary evidence; therefore, no need to produce any witness. The bank can also set an internal enquiry because the circumstances prove that offence has committed by the bank employee. You should record the FIR as soon as possible and do not cause unnecessary delay.

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.