Mr X was provided by 3rd party to a corporation in MP.
1. X Received cash Rs.20500 on on 24.11.20 for service provided by corporation and kept in his pocket and recorded as dues recoverable from party A.
2. Again from party B Rs 20000 on 6 12.20, kept with him, recorded in books of corporation as recoverable from B
3. On 30.3.21 a new party C paid Rs.40000 by Card to corporation's service. X recorded this money as dues received from A & B and difference Rs.500 X paid by his personal card.
4. X was shunted out to his parent service provider and no more with corporation.
Questions : -
1.How to lodge the complaint for embezzlement and under what IPC
2. How to recover money ?
3. How to draft FIR ?
Dear Mr, Erodha,
Based on the facts which you have provided, the answer to your questions are as follows:-
1. How to ledge Complaint and under What IPC ?
Answer:- A Complaint can be lodged by simply writing a complaint by a duly authorized person of the corporation narrating facts in simple and lucid manner. The subject of the complaint can be titled as ' Complaint u/s 405, 408 420, & 477A Indian Penal Code".
2. How to recover money ?
Answer:- Sometimes, when the person is arrested and money, if recovered, will be paid to the victim of crime i.e. corporation. However, this does not always happen. A suit for recovery of money may be filed in the court of civil judge. You can also recover expenses incurred for litigation and other incidental expenses in the suit. PLEASE NOTE THAT GETTING FILING A POLICE COMPLAINT DOES NOT ALWAYS LED TO RECOVERY OF MONEY AS CRIMINAL LAW IS NOT FOR RECOVERING AMOUNTS DUE BUT CRIMINAL JUSTICE. FOR RECOVERY OF MONEY A PERSON HAS TO FILE CIVIL CASE AS ADVISED.
3. How to draft FIR ?
Answer:- FIR (First Information Report) is not drafted by the victim of the crime. It is prepared by the police. The complaint received from the victim is made part of the FIR. So simply deliver the complaint as above mentioned to the SHO of local police station or any other officer of the Station.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- The opinion is only for guidance.
