private compliant
N.J. MISHRA
(Querist) 04 October 2010
This query is : Resolved
employement contract was executed partly at kolkata & partly at mumbai because accused is resident of kolkata, whereas the complainant is having office at kolkata as well as at mumbai, but it was partly executed at mumbai because the authorized signatory is located at mumbai's office.
company has entrusted USD 25,000/- to the accused at its Singapore office, but the accused misappropriated USD 25,000/- by depositing the same in his personal account without the permission of the company.
can we file a private complaint at mumbai even though written complaint was given at police ststion in kolkata, but the police has not registered any case.
whether section 403 is applicable in this case or any other section kindly let me know. waiting for reply
Devajyoti Barman
(Expert) 05 October 2010
For making complaint under section 220 of crpc, lodging complaint in the local police station is required. Since, the employment agreement was executed in Kolkata, it is prudent to file the case in Kolkata. The mere presence of the office in Mumbai does not make any cause of action there.
Advocate. Arunagiri
(Expert) 05 October 2010
The right choice is making the complaint u/s 200 Cr.P.C. at Kolkatta Magistrate Court.
Sri Vijayan.A
(Expert) 05 October 2010
THE CAUSE OF ACTION TAKEN PLACE AT KOLKATTA.
