Employee involved in cheating


Dear Sirs/Madams,

I am an owner of a company with 8 employees. I am trying to establish my company, registered as MSME.

I am in manufacturing of wooden items like furniture etc. I employed a sales manager 4 months back. He cheated my company by running independent sales and taking away the business quries which came for my company.

There is huge revenue loss due to this. I found out that 1 more employee was also involved in this activity. The used to send quotation and work orders on my letter head and on my company name.

On the pretext of saving GST amount he used to take money in his account. Now, on confrontation he accpted this on the whats app conversation. 

I want to take legal action against these 2 employess. Please suggest me how to go about it. Also, can I use the whats app confession as a evidence. Is it possible to recover the loss amount. I request you all to please guide me in this. 

Thanks in advance.

 
Reply   
 
Advocate

Lodge FIR against them for cheating and misappropriation of funds with police.
 
Reply   
 



Thank you sir. Is there any other thing I can do like filing case in court or anything like that. 

Thank for this help sir.

 

 
Reply   
 

Dear All,

Police is not registering FIR they are asking me to go to the court and file a civil suit. They say there is no criminal offence pls tell me what should I do.

 
Reply   
 
associate consultant

Dear Sunil Kumar,

 

The facts reveal that they have indulged in cheating and criminal breach of trust.  You can lodge complaint online or approach the Police Commissioner that local police station is not accepting your complaint.  

 
Reply   
 
FIN

Assuming that quote was sent to client and order was placed by client and payment was taken in personal account of employee……………….Did you (employer/owner) not execute the order and made the supply?

If yes you must have collected the payment, from employee.

 
Reply   
 
FIN

Did you raise the Bill in name of client?

If yes and if GST was applicable then did you raise the bill without GST or you made the supply without bill?

If goods were supplied against BILL or without BILL or undervalued in  BILL or without payment,  then hope you have all the explanations!

The employees if corned in PS or court might also have all explanations….

If employee was asked to collect payment in personal account and has paid the money to you then what are the pending issues?

 
Reply   
 
FIN

Weigh all pros and cons on facts that are in your full knowledge and act further after consulting your legal cell/law firm engaged by you or lawyer engaged by you.

The knowledge of customers is in memory of employees and market is open to competition.

 

In case the facts are on your side then either approach higher officials of police to lodge complaint the SHO has denied or seek intervention by court or approach civil courts………….

 
Reply   
 
FIN

You seem to have many issues, high turnover  and exploring the cause and possibility of damages in many issues e.g;

http://www.lawyersclubindia.com/forum/Bank-harassment-148162.asp

The success depends upon merits and acumen of lawyer on both sides.

 
Reply   
 
Manager (Admn)

Dear Sir,

Please consult the lawyer and take action under section 24 and 408 of the Indian Penal code.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu

web analytics