Cheating

Shambhu (Querist) 19 September 2010 This query is : Resolved
We have an employee who has cheated our company to the tune of Rs. 1.50 lakh. FIR is lodged; however, police has not called him in the last ten days for investigation and custody.
The Accused employee is not picking up any calls nor available is at his residence. Police asking us to locate him. My question is : (1) What is the Company's remedy against Police; (2) Can the Company publish a public notice in the local newspapers in English & regional language that the employee has cheated and absconded and he should not be dealt by general public as company's employee and anybody having his knowledge be provided to company. I need proper legal solution and guidance on both the aspect urgently.

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Raj Kumar Makkad (Expert) 19 September 2010
1. iN THE GIVEN CIRCUMSTANCES WHEN fir HAS BEEN LODGED AGAINST THE ACCUSED EMPLOYEE, YOU HAVE NO OTHER OPTION LEFT, HOWEVER, YOU SHOULD MEET HIGHER POLICE OFFICIALS AND SHOULD INSIST TO ARREST AND RECOVER THE AMOUNT.

2. YES. COMPANY ON ITS BEHALF CAN GET PUBLISHED SUCH TYPE OF NOTICE MEANT FOR GENERAL PUBLIC.

Devajyoti Barman (Expert) 19 September 2010
Yes the Company can give public notice about its severance of ties with the accused person.
If the de facto complainant is not satisfied with the progress of the investigation then he can always file petition to the Magistrate calling for appropriate direction upon the investigating officer.

nayan joshi (Expert) 20 September 2010
I do agree with Mr. Raj kumar Makkad. you should approach higher authority regarding your query, if u r not satisfied with that u have to file sp.criminal.app. in high court and high court will pass the necessary order and direction to police, for take action as soon as possible and report submit in high court...

Sri Vijayan.A (Expert) 20 September 2010
Yes, I agree with the suggestions/ advices made by Expert Nayan.
But one has to do this step by step or one by one.
You can not byepass any of the activity and go to High Court directly

Uma parameswaran (Expert) 20 September 2010
If the police is reluctant to take action upon complaint, then one can move before High Court under 482 CrPC.