Criminal complain
Guest
(Querist) 02 November 2011
This query is : Resolved
dear expert i am an juniot advocate and my client ask me to draft a criminal complain against his ex employer for non payment of pending salary and one of his ex collouge for threatening and abusing language pls check it and let me know whether it is correct or not and if wrong any where please correct it in bold
attaching the draft which i have draft
HARSH B. SHARMA
B.com .L.L.B
Advocate High Court
___________________________________________________________________________
Kanaraja Chawl, Room No. 1, Saki Vihar Road, Passpoli Village, Powai, Mumbai – 400 087, Cell -9867941313, Email advocateharshsharma@yahoo.com
Date: 02/11/2011
To,
The Senior Inspector of Police,
Powai Police Station,
Powai, Mumbai.
Sir,
Sub: - (1) Criminal Complaint against accused no.1Mr. Sampat Salve, Residing at Panjarapol, Gautam Nagar, Din – Quari Road, Chembur, Mumbai – 400 088, for abusing and threatening with dire consequences to my client.
(2) Criminal Complaint against accused no.2Mr. Harvinder Singh Vijan, Residing at, Bunglow No. 12, Vasant Vihar Complex, Near Basant Cinema, Chembur, Mumbai – 400 074, for abusing and threatening with dire consequences to my client and also for non-payment of pending salary (Dues).
Under the instructions from and on behalf of my client, Mr. Sajit Padman, Residing at, 8/ P.G.P.M, 1st Floor, Nitie Campus, Vihar lake, Powai, Mumbai – 400 087, I hereby lodged the Criminal Complaint against above acused no.1Mr. Sampat Salve and accused no.2 Mr. Harvinder Singh Vijan as under:-
1) That my client is a auto mobile engineer and he was working as a Service manager in M/S Auto-Stadi-Road worx, and his monthly salary was fixed by the company Rs.28,000 (Rupees Twenty Eight Thousand) he worked there for four years from August 2006 to March 2010, and during his course of work in M/S Auto-Stadi-Road worx he did not remunerated with his salary from November 2009 to 15th March 2010, by the Harvinder Singh Vijan who is the director of the M/S Auto-Stadi-Road worx and also the whole and sole of the Auto-Stadi-Road worx.
2) That my client requested every month for his salary to Mr Harvinder Singh Vijan but Mr. Harvinder Singh Vijan used to give every month fake promises to my client that he will be remunerated by his salary in coming next month but the coming next month for Mr. Harvinder SinghVijan never comes and till today he is showing his negative attitude to pay my client his outstanding salary of Rs.1,26,000/- (Rupees One Lakh Twenty Six Thousand).
3) That My client states he was a very sincere, genuine and hard working employee of the M/S Auto-Stadi-Road worx and he worked there with dedication during his course of Job but still his employer Mr. Harvinder Singh Vijan neglecting to pay his outstanding salary to my client.
4) That my client states that his employer Mr. Harvinder Singh Vijan was showing his negative attitude to pay my client salary to him hence he resign from his job on ______.
5) That my client states that during his service his company M/s. Auto-Stadi-Road Worx provided him with a Vehicle Maruti-800 for travelling Purpose, which he handover to the accused no 1 who is the one of the employee of the same M/s. Auto-Stadi-Road Worx on his employer Mr. Harvinder Singh Vijan request before his resignation.
6) That my client states that Mr. Harvinder Singh Vijan is not even neglecting to pay my client’s outstanding salaries Rs 1,26,000/- (Rupees One Lakh Twenty Six Thousand) but also together with Mr. Sampat Salve threatening to my client that if he will not return the above said vehicle Maruti -800 to him he will file a false and bogus case against my client.
7) That my client states that both accused no.1 and 2 demanding the said vehicle which he has already return to accused no.1 upon the request of accused no.2.
8) That my client states that on 29th Oct 2011, at 9.15 pm and on 30th Oct 2011, at 9.40 am he received a call of Mr Sampat from Mobile no.9930003579 and on the call Mr. Sampat Salve abused and also threaten with dire consequences to my client that if my client will not return the above said vehicle Maruti-800 which my client already returned to accused no.1 upon the request of accused no.2, then he will file a false and bogus case against my client.
That therefore My Client instructed me to request you to kindly look into his Complaint and take a necessary step against Mr. Sampat Salve and Mr. Harvinder Singh Vijan
That I have explained this complaint to my client (Mr. Sajit Padman) in Hindi language.
Thanking you in anticipation.
Yours faithfully,
I confirm
Mr. Sajit Padman
Advocate
C.C. to
1. Assistant Commissioner of Police
2. Dy Commissioner of Police
3. Commissioner of Police
Crawford Market,
Mumbai.
Kiran Kumar
(Expert) 02 November 2011
Dont expect any action by police on this complaint, as far as money is payment of salary is concerned its a civil dispute and if you are trying to make out a case of Criminal Intimidation then firstly read Sections 503 and 506 IPC.
seek help of some local senior while drafting criminal complaints.
ajay sethi
(Expert) 02 November 2011
it is basically a civil dispute . if employer has not paid salary you have to file case for reocvery of your outtsanding dues
Advocate M.Bhadra
(Expert) 02 November 2011
In this matter Police complain and Criminal case does not lie,send a Legal Notice to the employer claiming dues salary on behalf of your client and also lodge a complaint to Labour Directorate in your State.You may also file a case in Labour Commissioner.
Shonee Kapoor
(Expert) 02 November 2011
Hmmmm, details w/o much of a query.. huh
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 04 November 2011
not a criminal matter. Its purely civil matter. so no need to move application. Send legal notice.
