Written testimony against me
pharma professional
(Querist) 23 June 2013
This query is : Resolved
Hi, till March end, I was heading business and operations of a limited company and have resigned which has been accepted by the management. As I left the company with dissent and the owner started harassing me. First he sent me a lawyer notice with many accusations and later filed a FIR with sections 405/406/420/120b . Out of which one of the allegations is that, I bought the raw material through a purchase manager higher than the market price. Raw material is perishable food articles, where there are not designated market prices available, market always functions on demand & supply , also there are not buying protocol issued by the management with guidlines. Now he has pressurised few of the suppliers and got them signed a written testimony which says that they payed comssions to me as well as my purchase manager, where as there are no evidence of acceptance of any money either through cash or by account payment. In this scenario , based on just a written testimony can he file a criminal case against me? Pls clarify.
Nadeem Qureshi
(Expert) 23 June 2013
Dear Querist
yes, they can file a complaint against you.
pharma professional
(Querist) 23 June 2013
Thanks for the reply, they can file a complaint, but will that stand in the court as evidence? as there are no evidence of payment of money.
Rajeev Kumar
(Expert) 23 June 2013
Yes it will stand in the court as evidence.
Raj Kumar Makkad
(Expert) 23 June 2013
The plaintiff/petitioner has to prove its case on the basis of evidence and if there is no evidence against you, nothing is to worry.
Devajyoti Barman
(Expert) 24 June 2013
Those written ' testimony' has no force in the eye of law.
Unless those persons remains present in court and gives evidence, those writings have no value.
prabhakar singh
(Expert) 24 June 2013
Those dealers would be required to appear in court for approval of their written testimony and you shall be allowed to cross examine them.
pharma professional
(Querist) 24 June 2013
Dear All, thanks for your replies.
All of them have just few written testimonies, all the transactions are legitimate. ie, after making the purchase , GRN are raised, forwarded to finance department for the payments and as per the credit period policy of the company, the payments are made directly to the vendors to their account. Periodic audits are done and now where in the audit findings any malpractice are mentioned. Just with few testimonies he has lodged a complaint.
Rajendra K Goyal
(Expert) 24 June 2013
They can and have lodged complaint and if you have sufficient proof, nothing to worry. You will be given full chance to defend yourself in the court. Though this is expensive and time consuming and you may feel harassed and humiliated at various stages.
Raj Kumar Makkad
(Expert) 24 June 2013
primafacie offence has to be seen which is reflected by the testimonies of those people who do accept bribing you for those purchases.
pharma professional
(Querist) 24 June 2013
Thanks to all, for the replies.
@ Mr.Raj Kumar Makkad; primafacie offence means motive/reason for bribing by the suppliers? Pls eloborate.
Raj Kumar Makkad
(Expert) 24 June 2013
Primafacie in the given case means the suppliers have given in writing against you that they bribed you and this is more than sufficient evidence to proceed against you though it do not mean that the crime has been proved against you.
pharma professional
(Querist) 24 June 2013
Thanks sir.Got it, he needs to proove the modalities of payment if any made.
Raj Kumar Makkad
(Expert) 24 June 2013
Most welcome from your side. You have properly understood now.
