Ipc 406, 408, 420
Kalp Rajput
(Querist) 15 August 2012
This query is : Resolved
Dear Sir,
I am 35 years male from Gujarat. I was working with a Private Organization on Sales Profile.
My job was to approach Corporate clients and bring in business for my company. Against the same business we offered credit facility to customers.
Prior to this job i was jobless for more than 07 months and having a family of 05 people including 02 daughters, wife and mother, i had taken money on interest from Private Financier. He told me that he will charge me 10% interest on Monthly basis.
After 03 months of the same i got the job, but to fulfill demands of this private financier and being afraid of his threats, i was giving him money on regular basis as per his demands.
Against the amount of Rs 60,000, I paid him huge amount.
During my job, i had collected payment from customers and utilized the same to pay to the above financier. I did not pay the same to my company, which i agree is my offense.
I had also made a mistake of making a computerize Receipt to satisfy Customers need.
My company got to know this incidence that I have untrusted the company by utilizing the fund of approx RS 2.0 lac.
My company filed a case under IPC 406, 408 & 420.
I had surrendered myself to police and accepted my guilt. I was been imprisoned for 16 days for the same guilt as I had no support of anyone to help me Bail myself.
My company is also aware that I had paid the money to financier as he had come in front of them and confessed on his own.
I have got the Bail with help of one good gentleman.
I don't have any wrong intention. I want to pay the money to my company but i would like to inform you that now i am totally Jobless and being the ONLY MALE person in my family i need time to earn and repay the same to my company.
In the above circumstance will I be Imprisoned or can I expect a time from the Court for repayment of money by doing some job or work because if i will be imprisoned my 02 kids (05 yrs & 15 yrs), my wife and my mother will have no income source to run the house nor will I have any source to pay money without income.
Kindly guide me on the same. I intend to pay every single penny to my company but i need time from Court.
Regards
KPR
Devajyoti Barman
(Expert) 15 August 2012
First remember that even if you repay the Company, that would not absolve you from your guilt and if the same is proved you would be convicted.
There is no system of leniency in the legal jurisprudence for trial
Approach the company and on condition of repayment ask for their withdrawal of the case.
That is the only way out.
Kalp Rajput
(Querist) 15 August 2012
Dear Mr. Barman,
Thank you very much for your immediate response.
Sir, I tried the same with the company prior to filing of the case, myself and my entire family pleaded them to give us time for repayment but they didn't listen to us.
Sir, if the Court can grant me amount to be deposited on regular basis or some time i can do it in same time frame.
Here, my family will suffer specially my 02 daughters and even myself.
Adv.R.P.Chugh
(Expert) 15 August 2012
The money would be recovered from you someway or the other, just because you pay voluntarily you won't be absolved of the crime, unless the company consents to go in for a quashing on the basis of settlement. No amount of necessity justifies a transgression of law, this is what the law believes. Don't confess to your offence if the company is bent upon on a trial. You may contest the case and plead innocence
Kalp Rajput
(Querist) 16 August 2012
Dear Mr. Chugh,
Thank you for your valuable reply and your time to go through my details.
Sir, I am trying to get in touch with the Company and request them to grant me time for repayment and not to carry on trial further. God knows whether they would agree or not.
As you informed me about my confessing of offense, i would like to inform you that they had threatened me that if i don't give them in writing about my offense they would also put my wife and mother behind bars stating that money which i had collected from clients is utilized by my family and they are also the victim or criminal and part of this entire incidence.
Hence, i had written the confession on plain paper and signed the same.
Also i have got to know through some sources that the financier whom i have paid such a huge amount which is almost twice or thrice of his actual amount had my blank cheque which he had taken for security from me has deposited the same in his bank so that it is dishonored and he intends to file a case against me to put me behind bars again.
He is staying near to my residence, in such case what would be the action by laws and what should i do?
As the fact is I don't have to pay any money to him but neither me or he have any proof of cash transaction amongst us except the cheque he has taken from me initially along with Blank Stamp Paper and nor he has any license of doing finance business.
Regards
Nadeem Qureshi
(Expert) 16 August 2012
Dear Querist
first of all if you have accept/confess about your guilt/offence before police then no need to worry about it, This confession is not acceptable in the eyes of Law, second thing as you inform that you are ready to pay the entire amount of the company but the company is not ready to settle the matter at this stage, trial is a lengthy procedure in indian judiciary and you can get sufficient time to collect entire amount and try to settle the matter outside the court.
No need to worry about the blank cheque if there is no written agreement between you and the private financier, you can file a NCR for lose the cheque and stop payment in bank.
Feel free to call
