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mahesh (Consultant)     26 November 2015

How to quash on 420

Sir,

Complainant filed an FIR that i the partner of the company and having joint account with the company account. He told that he had given an amount of 1.5 lac to company account and 50,000 rs a DD in others name. But I only did that i had given a receipt of the payment tha he paid the amount to the company on so and so date with reference number. In my company i had a different name and kept the signature with my new name which was in my company. Now the complainant wants to pay his money back of his 1lac and the DD of 50,000. As im jus the employee of the company, how can i pay all that. Company owner is basconding now and Police took the complaint booked me for 420 section. What ever the payments done, everything was in company name and not in my name. But complainant filled an FIR that im the partner of the company and i have the joint account with the company. Can you please suggest anyone how to come out of this case. I am jus tthe employee and was working there for 18 months thats it. I have my company ID card as a proof and other employees. One of the employee also came to station and gave the statement that im the employee not a pertner or Manager of the company but they thrashed him and put him also in police jail for whole nite and left in the morning. Now my colleague is not in town and no communication with him. I think they threatenned him so left the place.

Please help me to come out of the case by quash or anything.



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     26 November 2015

Sir,

 

Call to discuss, question is not clear.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     27 November 2015

This situation is purely a transaction of a civil nature . Get hold of a good lawyer and seek anticipatory bail . Thereafter move for quashing .

(Guest)
Several judgments have come that partner cannot take shelter under partnership for mis-appropriation and fraud. How you are having two names. That is more serious offense and show you had plans to cheat partner. In a similar case with me I was successful in getting partner convicted for section 420 and 406 in Chandigarh in 2001. I won both criminal case as well as civil decree for the amount. You should settle down the matter with partner honestly.

(Guest)
I don't agree with Augastine. He cant get criminal case in this matter quashed. Read my post above

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