Jurisdiction
N.J. MISHRA
(Querist) 30 August 2011
This query is : Resolved
our is a agency company, having its head office at Mumbai and branch offices at jamnagar, cochin, kolkata, managalore. All the transactions and records are maintained at our head office at Mumbai. After certain period of time, the accounts dept in Mumbai came to know that one of our vendor at the instance of one of our employee at Kolkata office has claimed more amount in respect to work done by the said vendor. i just want to confirm that, if we want to take legal action against the said employee and the vendor whcih police station and the court will have the jurisdiction to entertain the case, either Mumbai or Kolkata. Can we file a police complaint or court case in Mumbai under section 179 of Cr.P.C., members are requested to guide me.
ajay sethi
(Expert) 30 August 2011
Section 179 Cr. P. C. only applies to those offences which are not completed until a specified consequence has happened. This consequence must be a necessary part and ingredient of the offence. Where the offence is complete irrespective of any consequence. Section 179 Cr. P. C. has no application and the place where the act was committed would determine the jurisdiction of a court.
Kashi Ram Mehta v. Emperor, AIR 1934 All 499 (FB) (A). The learned Judges observed at page 503:
"If therefore the act done and the consequence which has ensued are to be taken as together amounting to the offence, the commission of which is complained against, then it necessarily follows that the consequence must be a necessary ingredient of the offence in order that Section 179 Cr. P. C. be applicable. If the offence is complete in itself by reason of the act having been done and the consequence is a mere result of it which was not essential for the completion of the offence, then Section 179 would not be applicable. The illustrations to the section also make it clear that the consequence contemplated in the section is a consequence which coupled with the act done constitutes the offence. But if the two can be separated and the act itself is sufficient to constitute the offence, it would make the section inapplicable."
ajay sethi
(Expert) 30 August 2011
i have summarised the legal position . i do not know the nature of transaction with the vendor . it appears that there was collusion between your kolkata office and the vendoron account of which excess payment has been made . the excess payment made fraudelently by itself constitute an offence .in my view advisable to file complaint in kolkata
Raj Kumar Makkad
(Expert) 30 August 2011
There is no question to be differ with sethi.
N.J. MISHRA
(Querist) 02 September 2011
dear members, if we send a demand letter to the employee for returning the amount which he gained by committing cheating or else we can send a notice to him by stating that you are required at Mumbai office to give the explanation of the illegal transaction, then in that event can we file complaint under section 181 (4) of CRPC. or state any other remedy to file a case in Mumbai because we don't want to file the case else where. Secondly, the said employee is terminated from the service and his one month salary is withold by the company. whether he is entitle to get his salary if he has cheated the company or else we can adjust the salary in the amount, if suggest by you, to be claim from him and demand the balance amount after adjusting the salary. please member kindly guide.
