One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X approached me with concerns about delayed FIR registration regarding a financial lien matter involving Rs. X amount that had been pending for several months. He had reported suspected fraudulent activity to ABC Bank where his account showed unauthorized lien markings. Despite multiple complaints to City A police station, no FIR was registered. The bank officials at XYZ Branch had marked a lien without proper documentation, and Mr. X suspected involvement of bank employee Mr. Y. The delay in FIR registration was causing him significant financial distress as his funds remained blocked. He was worried about the legal implications and whether criminal action could still be initiated after such a long delay.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

File a written complaint with detailed documentation of the lien marking incident. Approach the Senior Police Inspector if local police refuse FIR registration. Consider filing a complaint with banking ombudsman parallel to criminal proceedings. Gather all transaction records, correspondence with bank officials, and witness statements to strengthen your case.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 316 deals with criminal breach of trust which applies when bank officials misuse their position. Section 318 covers cheating and dishonestly inducing delivery of property. Section 61 addresses criminal conspiracy if multiple persons are involved. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 mandates police to register FIR for cognizable offenses, while Section 174 provides remedy when police refuse to register complaints.

If You Are the Complainant

• File detailed written complaint with supporting documents at the concerned police station
• If FIR registration is refused, approach the Superintendent of Police with a copy of your complaint
• Maintain records of all communications with police and bank officials
• File complaint with banking ombudsman regarding unauthorized lien marking
• Consider approaching Magistrate under Section 223 of BNSS if police persistently refuse FIR registration

If You Are the Victim

• Immediately report unauthorized transactions or lien markings to your bank’s customer care and branch manager
• Request detailed statement showing lien marking dates and authorization details
• File police complaint within reasonable time to avoid complications in investigation
• Preserve all digital evidence including SMS alerts, email communications, and transaction receipts
• Seek interim relief from court if funds remain blocked for extended period affecting your livelihood

How the Police Behave in Such Cases

Police often initially treat financial lien disputes as civil matters and may hesitate to register FIR. They typically ask for detailed documentation and bank’s preliminary investigation report. Some officers may suggest resolving the matter through bank’s internal grievance mechanism first. However, if fraud or criminal breach of trust is evident, they are legally bound to register FIR under BNSS provisions.

FAQs People Normally Have

Can FIR be registered after several months? Yes, there’s no time limit for registering FIR in cognizable offenses like fraud or criminal breach of trust.

What if bank claims lien was legitimate? Bank must provide proper documentation and court orders if any to justify lien marking.

Will I get compensation? You can claim compensation for financial losses caused by wrongful lien marking.

Can bank employees be arrested? Yes, if their involvement in fraudulent lien marking is established during investigation.

What Evidence Is Required?

• Bank account statements showing lien marking dates and amounts
• Original complaint letters submitted to bank and police
• Email correspondence with bank officials regarding the lien
• SMS alerts and transaction notifications
• Witness statements from persons who can verify unauthorized nature of lien
• Documents proving your financial losses due to blocked funds
• Any internal bank investigation reports or responses received

How Long Will the Investigation Take?

Financial fraud investigations typically take 3-6 months depending on complexity. Bank record verification and forensic analysis may extend the timeline. Police need to examine digital trails, interview bank officials, and verify transaction authenticity. Complex cases involving multiple accused persons or banks may take up to 12 months for completion of investigation.

Advocate Sudhir Rao, Supreme Court of India