Reg.embezzelement of cash
Common Man
(Querist) 10 July 2017
This query is : Resolved
Respected Sir,
I worked in a Pvt Ltd Company and got relieved after giving notice period as per company norms on 31st Jan,2017. The Company has provided my releiving letter on 03.02.2017 stating that I have no dues over the company as on 31.01.2017. Now on 10/07/2017 the company is filing a complaint on me that I have misused Company's Bank transfers for my personnel use. Can the Company sue me ?? Please advice .
Common Man
(Querist) 10 July 2017
Sir,
But I am not the authorized Signatory or held with any other powers for banking transfers . I have submitted all the dues before my releiving date. Inorder to that the company has issued my releiving letter. How can they sue me for sake of taking revenge ??
Kumar Doab
(Expert) 10 July 2017
What is transferred from company's a/c to your a/c; salary,reimbursements,incentives?
Your a/c is a salary a/c?
Do you have salary slips, reimbursement vouchers, Form16?
If you are not authorized signatory then how can company blame you and how can bank allow ant bank transaction in company's a/c?
Post full facts.
Kumar Doab
(Expert) 10 July 2017
Same matter:
http://www.lawyersclubindia.com/experts/False-accounting-fraud-by-pvt-ltd-company-646966.asp
Common Man
(Querist) 10 July 2017
Sir,
I was working as Accountant. I was warning the Management for providing false Accounting data to Banks and third parties. But company ill treated me and i have decided to resign. Later the company didn't settle my final payment. So I said i'm going to sue the company for non payment of My settlement . Then the company started threatening me saying that i should not reveal any information to any legal departments. I have filed a thretening case against the company. Then immediately the company started saying that I have Embezzeled the money transferred to my Bank Salary account for company expenses. All the funds have been transferred to my account by Directors and i have submitted the expenses vouchers. But the Company denies it. I have my No due Certificate signed by both Directors. Pls help me in this regard
Common Man
(Querist) 10 July 2017
Thanks Sir. for your timely advise.
Kumar Doab
(Expert) 10 July 2017
Do you have expense vouchers submitted by you to company?
Do you have copies of indents, approvals for such expenses?
Apparently it is the grey area on which company is playing and has not settled the FnF.
You are privy to sensitive information and company is perturbed.
It might be a handle with you to settle the matter.
Why don’t you settle the matter properly after consulting a very able local senior counsel of unshakable repute and integrity specializing in company matters for a considered opinion and let the directors withdraw all notices and give you a clean relieving?
Kumar Doab
(Expert) 10 July 2017
IT=@PSD,
I has instructed you not to comment on me and my posts.
I had also ordered you to comply with my orders.
Kumar Doab
(Expert) 10 July 2017
This thread should also be an eye opener thread for community of employees.
Kumar Doab
(Expert) 10 July 2017
The employee that does not keep a copy of any document signed by employee has grossly erred.
Kumar Doab
(Expert) 10 July 2017
Any document signed by employee is for copy with employee.
A voucher is not ledger and taking voucher copy is neither espionage nor theft.
Kumar Doab
(Expert) 10 July 2017
IT=@PSD,
You will not make any comment on my and anyone's post and comply with orders.
Kumar Doab
(Expert) 10 July 2017
Before any enactment it is matter of common sense that any document that is to be signed by an employee; copy is to be given to signatory/employee!
Kumar Doab
(Expert) 10 July 2017
Even if a darbaan starts a company it shall have that much common sense.
Kumar Doab
(Expert) 10 July 2017
It could be a tribal riwaaz (purported custom) for generations that raseed ( receipt or copy) shall not be given but some thumb impression (Angootha) shall be taken.
India is Republic and such bad lands and bad customs are not a fashion in it.
Rajendra K Goyal
(Expert) 10 July 2017
Defend case by the company if filed against you on merits, no other alternate.
Kumar Doab
(Expert) 10 July 2017
An employee must keep copy of all documents more so related with money matters, even if employee has to keep 1 document/day.
The companies do not have need to issue hundreds and thousands of vouchers per employee everyminute/everyhour/everyday/everymonth/everyyear....................
Employee is not concerned with whims and fancies of employer and its attorney's in any dept.
Employee has and should have concern with his/her own convenience, safety, welfare, future..............
Kumar Doab
(Expert) 10 July 2017
Riwaaz that @PSD practices currently or for generations, in its club or company;if it has any; has NO binding on Experts at LCI and also querist of LCI and also establishments that operate in Republic of India........................
Kumar Doab
(Expert) 10 July 2017
Last post; if it can be at the cost of reminder:
IT=@PSD will not comment on me and my posts..
IT=@PSD will not comment on anyone and anyone's posts.
It's good for nothing sarcasm/nuisance/abuse shall be thwarted.
Kumar Doab
(Expert) 10 July 2017
@PSD,
NO question,queries, by you.
NO repetition.
Kumar Doab
(Expert) 10 July 2017
It is an interesting thread for the benefit of employees.
Employee should be careful from such employers and such attorney's of employers in accounts/legal/personnel/HR/admin cells...............
Rajendra K Goyal
(Expert) 10 July 2017
Perfect Solution team,
Regards and thanks for agreeing.
Kumar Doab
(Expert) 10 July 2017
What kind of person, leave apart some Expert or Club owner @PSD is that is unable to give up its trademark tamashaa,sarcasm,nuisance,abuse at LCI to quote for the time being.................
Kumar Doab
(Expert) 10 July 2017
This is another good thread at LCI for the benefit of community of employees.
Kumar Doab
(Expert) 17 July 2018
The simple understanding is that if employee is entitled for expense reimbursement then employee may be asked to submit vouchers and subsequently competent/authorized person shall pass and pay.
Kumar Doab
(Expert) 17 July 2018
Same Query;
http://www.lawyersclubindia.com/experts/Reg-embezzelement-of-cash-646921.asp
http://www.lawyersclubindia.com/forum/Govt-job-and-custody-in-498A-186072.asp
http://www.lawyersclubindia.com/forum/Misappropriation-of-company-funds-186078.asp
Guest
(Expert) 17 July 2018
Bravo, a great record of course!
It seems, after making 18 irrelevant and vague posts last year, Mr. Kumar Doab could not get satisfied with his own replies, as he made another set of two wasteful posts after full one year of his previous 18 meaningless posts by specially reopening of the thread by going in to the past one years of his failure rate. Probably, when not got a word of thanks from the querist for his vague and wasteful posts, he has reopened the thread after complete one year!
Disliking of the querist is evident, as none of his earlier 18 posts was liked by the querist, while he liked a very brief advice of Mr. Rajendra k Goyal, as contained in his single post.
But, his hopes may get dashed even now, as in none of his 20 posts, he could reply his simple question, "can the company sue me."
Of course, he could not expect any legal advice from a quack. He must have repented for wasting his time to read his earlier 18 irrelevant and vague posts. So will be the fate now also, as he would get frustrated to waste more time by opening the thread to read two more wasteful posts of Mr. Kumar Doab.
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