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. Further, how the company would be able to proove that, the cheques were pre-signed or post-signed
SHIRISH PAWAR, 7738990900
(Expert) 29 May 2019
The cheques were issued for salary is good defence in court for accused. Company will simply state that cheques were pre - signed.
DINESH KUMAR MISHRA
(Querist) 29 May 2019
Sir, only one problem in that, company was transferring salary through single cheque to every employee and my freind used pre-signed cheques by putting his name and depositing it into his own account in a span of 6 months, hedesposited 14 cheques total 4.50 lacs and now he wants to take defence that, instead of pre-signed it is post signed and how the complainant will prove that, it is pre-paid or post paid. Further he wants to show that, it is the payment of his re-imbursements and he got these payments. He left due to harashment by the employer and so they have filled complaint against him for using pre-signed cheques
KISHAN DUTT KALASKAR
(Expert) 30 May 2019
Dear Sir,
It is a very difficult to prove the innocence unless you take strong defence by disclosing all the necessary circumstances which are in favour of your friend. Pre-signing or post-signing is of little significance once your friend failed to establish that the said amounts were legally due to him and accordingly directors are issued cheques in his name.
Please mark “LIKE” if satisfied by my answer.
DINESH KUMAR MISHRA
(Querist) 30 May 2019
Sir an employee receives payment towards conveyance and reimbursements and the cheques have been desposited during a span of 6 months at multiple times in small small amount like 20 K, 30 K, 40 K and only once it was 1.41 Lacs, which at the the time of withdrawal my freind wrote at the back of cheque " for sisters marraige". So, whether employee is right in saying or employer is right in saying ? Also, my friend is not having any valid appointment letter issued by Company as well stating the exact amount of salary to be paid.
Sudhir Kumar, Advocate
(Expert) 30 May 2019
"for sister's marriage"
So the fraudster has not only given proof of crime and has also provided evidence of motive of crime.
Guest
(Expert) 30 May 2019
Mr.Sudhirkumar Deputy Manager Sir instead of branding him as Fraudster mentioning as Accused would be a better.Only the Court should decide about the Crime and even police should not brand any one with the crime charged.Only mentioning as Accused would be Legally acceptable
DINESH KUMAR MISHRA
(Querist) 31 May 2019
Sir, you are saying fraudstar but ultimately he has taken 141000 loan from Company and how it will be treated as an evidence. Further, whether cheque is pre-signed or post signed, how anybody can prove because by looking over cheque, you can not identify that it is pre-signed or post signed. So I request all the legal fretarnities to help this guy becuase he has well grown childrens and I want to help him. In their complaint they have said that, bank account has wrong address, but my freind has not submitted any address proof and in fact it was opened by company and witness was companies one of the senior person, but no address proof was submitted by freind.
Sudhir Kumar, Advocate
(Expert) 01 July 2019
whether cheque is presigned or not. he the company says that :-
he was custodian of cheque
company did not extend any money to him (as written on the cheque.
If he was given authority to to fill details of payee and due amount that does not mean that he was authorized to fill his own name.
who filled the name can be the subject matter of forensic evidence not only for these cheques but other cheques as well.
