Regarding criminal breach of trust
Abhishej
(Querist) 20 April 2012
This query is : Resolved
I had running an IT business when I was in college pursuing graduation. After completion of my graduation I opt for an employment and stopped the working of my business but haven't closed my bank account and Pan card. One day the company where I was working was looking for a software, I was knowing my one friend who can do it, he was my business partner, so I told my organization that I know a person who can do it. As the receipt was mandatory, my friend created a receipt with the name of the business. The company where I was working has now Terminated me under criminal breach of trust (IPC 405) for running a business and have stopped my outstanding salary. My and my business's bank statement shows that I haven't worked for any project except the software which I have made for the organization. Please provide me any solution for this.
The company has put the following allegation:
1. Running a parallel Business on the same line of the company.
2. To divert their employee for freelancing work by me which I never did.
My friend had successfully completed the software and they are using it now too.
Devajyoti Barman
(Expert) 20 April 2012
What are the allegations actually?
If the case is already started then immediately apply for bail, anticipatory bail preferably.
If the allegations has no standing then go for quashing of the case after submission of charge sheet.
ajay sethi
(Expert) 20 April 2012
you have stated that you closed the business yet receipt showed you still as partner .
if it was a partnership was deed of dissolution entered into
you can issue legal notice for recovery of your outstanding legal dues . enclose copy of your bank statement to show that you havent carried on any buisness after joining company . contact a local lawyer
SAINATH DEVALLA
(Expert) 20 April 2012
Unneccessarily you have poked your nose in a unwarranted business transaction.Once you have closed the company and the bank account as well,your friend should not have manufactured a fictitious receipt.You should have pleaded your innocence.Anothe thing is,has your friend executed the job properly.
Has your company lodged a criminal complaint.
Shonee Kapoor
(Expert) 20 April 2012
I agree with Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
