{Balu manikantan} SUBRAMANYAM (Practising Advocate) 03 October 2016

Cheating by an employee of a firm

A person working in a real estate firm has accepted 6 lakhs from a senior citizen by way of a bearer cheque on his name assuring to register six plots in a venture and used the amount for his personal use without depositing the amount in the office account. when questioned him he said he will return the money at the earliest and executed a pro note and written a bond paper stating that he has taken the money and used for his personal use. when approache dthe real estate firm they are saying that as the cheque is given on the employ's name they are not responsible. Please suggest expeditious remedy. suggestions are highly appreciated.

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5 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 04 October 2016

Since the cheque is given in the name of employee, the real estate company will not hold any responsibility. You can proceed against the employee personally to recover your amounts.

Ms.Usha Kapoor (CEO) 04 October 2016

You can file a a suit for recovery of money against the employee either in a civil court on account of his fraud with interest and damages and aslo file criminal cases of cheating and criminal breach of trust and criminal misapappropriation . He will vbe sent to jail for 2 years and levied fine and you may get compensation if matter comes up as out of court settlement in LOK Adalat.If you appreciate this reply please click the thankyou buttonon this forum.

Kumar Doab (FIN) 04 October 2016

You have grossly erred.

Atleast you have a pronote.

Proceed against the employee and notice the company.

Let company state it did not get the moeny and let employee state it did not pay the money to company.

Money disappears very fast.

Make some effort to find out his estaate/assets and get these atatched.

Your counsel can help you further.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 04 October 2016

It is incumbent upon you to approach the cpourt against thr said employee by intiating necessary criminal and civil action. As such the same is not accountable to the company as the consideration was not acquired by the said employee on behalf of the company, even though represented to have been so.

Augustine Chatterjee

Advocate & Solicitor at Law

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