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anurag mehta   26 August 2023

Chit fund scam but fir against agent

Can commission agent be held liable if the company run away with the money?
 

Detailed facts-
A company by the name of Kalptaru Buildtech Corporation Limited came to people to invest in them in regular deposits and promising them that after a particular tenure(mostly 5 years) their money will be returned along with a very good interest amount. They had setup multiple office in various districts of UP, Punjab, Rajasthan.
A person who brings more people with him becomes an agent get some commission for bringing some more people. 
This company ran it's business for 10 -12 years and then in 2016 they abruptly shut their offices and ran away with the people money.
 

Victims of a village has filed a case of fraud against the agent demanding money from him.

Can the agent be persecuted even when he was just a relaying money to the company office and when he himself along with many of his family memberes was a victim of the same company scam



Learning

 3 Replies

anubhav Bhatt   26 August 2023

You should try to get quash that FIR before High Court for more clarification you may contact us then I'll explain properly about your case.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 📱 9198889990.

Dr. J C Vashista (Advocate )     27 August 2023

It is the principal and not the agent to be prosecuted.

Get the FIR quashed through your lawyer.

Sudhir Kumar, Advocate (Advocate)     27 August 2023

if the business is legal the the agent as abdolutely not responsible if he can prove that he acted strictly in terms of the agency agreement.

 

In such cases the so called agents at times also advertise the prosects of investment in the sad company and at times they are also victims themselves.

 

In this case there was apperently no real legal business and it was only a process to cheat persons that the so called agent was only the frontman of the cheats.  Thereby he was abettor and facilitator of a crime.  He is fully liable.

 

Anology-I

If a man is caught collecting ranson money for kidnapping on behalf of kidnapper.  He cannot plead that he did not belong  to kidnapper gang.

 

Analogy-II

Manu persons are arrested collecting brinbe on bahlf of Sr Officers.  He cannot plead that he is not participating in crimie


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