Employee cheque fraud section 420,408
DINESH KUMAR MISHRA
(Querist) 29 May 2019
This query is : Resolved
Sir,
My one of the relative was working as a accountant in a private limited company and his directors use to keep pre-signed cheques with him. He committed mistake by filling own name on the pre-signed cheques and desposit in his own account. During the span of 6 months he desposited in small small amount of 20 to 40 thousand and in toallity Rs. 450000/- in his own account through 14 cheques. He left the company and letter it was surfaced and employer filled FIR and he was arrested and He use to withdraw cash from his account and then deposit cash in some other account later to buy NSC,KVP. It was shown as recovery during search and in all 3 lacs worth of NSC's have been recovered from his account.. In court what is the defence he can take becuase as per him, cheques are valid cheques signed by authorised signatory and payment was made towards his salary or reimbursements as the amount is in 20 to 40 thousand. So, I want to know the best legal remedy on this
P. Venu
(Expert) 29 May 2019
This forum in not meant for seeking suggestions in order to defeat the ends of justice.
Kishor Mehta
(Expert) 29 May 2019
This is a case of absolute fraud and the culprit has to be punished for the crime.
Sudhir Kumar, Advocate
(Expert) 30 May 2019
there is a difference between
"holder of cheque"
and
"holder of cheque in due course"
Your friend was not holder in due course. He simply betrayed employer shown breach of trust besides cheating.
Guest
(Expert) 30 May 2019
For Legal Remedy better discuss with a Senior Criminal Side Lawyer practicing in the concerned Court it self
seshadri dubey
(Expert) 30 May 2019
First I completely disagree with other two members of this forum, who has told that this forum is not to defeat the ends of justice, we should not play the role of a admin of this group , whatever may be your crime, the lawyers are there to defend you legally, that's the spirit, we are not here to play the role of judges or executives.
Dear Dinesh Kumar Mishra, your question will be soon resolved.
Guest
(Expert) 31 May 2019
Excellent Advise by Expert Mr.Seshadri Dubey and I fully agree with it.
Guest
(Expert) 31 May 2019
Innocent Querist approach here for Legal Guidance only and not to be insulted or criticized
Guest
(Expert) 31 May 2019
" If God only used perfect people,,,,,,,,,He would have no one to use."--------Rick Warren
Guest
(Expert) 31 May 2019
" No One is Perfect .....................It is why the Pencils have Erasers."
Guest
(Expert) 31 May 2019
Querist ---Please Discuss with Local Criminal Side Senior Advocate in detail and it's high time for it .
DINESH KUMAR MISHRA
(Querist) 01 June 2019
Sheshadri Dubey ji, I request you to through some light on compromise petition to the High court and if complainant doesn't agree then is it possible to move the petition to High court
