Employee cheque fraud section 420,408
DINESH KUMAR MISHRA
(Querist) 27 August 2019
This query is : Resolved
Sir my friend was working with a private limited company and my friend had joined one month ago with the company. He had been handed over blank cheques and he had deposited some of the cheques into his own account during a span of 7-8 months. When he left company came to know that some of the cheques are deposited in his account the total amount was 4.50 lacs but it was deposited in small small amount of Rs. 20,000, 40000. My friend was arrested and later he got JC and got bail. As per complainant all the counterfoils are bearing the name of other party and cheques have been despoited in personal account. As per my freeind these cheques are valid cheques and have been desposited in his account for booking expenses and then getting back cash from Employee to claim Income tax deduction. Further there is one hawala case of bogus bills against company in the subsequent year of this case.
Grounds of Defence : There is no Appointment letter acknowledged by my freind stating that he was working as an accountant
Ground second : Whether this counterfoils are filled by my freind or anybody else because as per him no writing expert test
Ground three : Whether these counterfoils are tenable in court of justice as it is in the custody of Company
Conviction Chances : How much conviction chances are there and to what extent
Suresh Pillai
(Expert) 28 August 2019
First of all, it is mandatory to know that as to whether the Cheques were Bearer Cheque or Crossed Cheques
Suresh Pillai
(Expert) 28 August 2019
First of all, it is mandatory to know that as to whether the Cheques were Bearer Cheque or Crossed Cheques
Dr J C Vashista
(Expert) 28 August 2019
Your friend is stated to be on "bail" managed by an able, competent and intelligent lawyer, what is his/ her opinion and advise?
Why do you need second opinion and obligation of experts on this platform on behalf of your "friend", except the fact it is available FREE OF COST??
DINESH KUMAR MISHRA
(Querist) 28 August 2019
Sir, The lawyer appointed by him is not found to be very much competent and suggestions are not upto mark. Further the cheques were account payee and deposited in his own account but his defence is that instead of their claim he has been given these cheques and booking these expenses as extra cost and then taking back cash from employee. Even he has not submitted the address proof and ID proof for opening bank account and Head of the accounts department has signed the papers for opening the bank account
P. Venu 
(Expert) 28 August 2019
The issue involved is deep and complicated. It is not necessary that you have the complete information and even that limited information is true and correct. No meaningful suggestion is possible based such inchoate hearsay.
