Under ipc 365/34 by police ,of 2008 not yet charge sheeted
Binayak Acharya
(Querist) 21 April 2012
This query is : Resolved
Sir,
Being an Govt. emplotee under report of police ,while I was under custody ,I was suspended .
But till now police is no submitting charge sheet ,shall I go to court for quash as subject related to Civil case of check bouncing is established against part payment of check bounce or it will be automatically quashed .
Because my employer is not prompting me for want of CCR and not giving the incrmental arrears of 3 years 3 months up to date of appointment 17/10/2011 from date of suspension 09/06/2008. There is a mony suit case on the related subject .
I had to stay 13 days in jail from 09/06/2008 up to 25/06/2008.
Please clarify .
Adv.R.P.Chugh
(Expert) 21 April 2012
Dear Mr.Acharya,
You can definately approach the HC for quashing or in the alternative expediating the process of investigation and filing.
How good the quashing would be, depends on the allegations levelled in the FIR. If it's a civil dispute - and they have tried bringing it into 420 IPC, then they would have to prove dishonest/fraudulent intention on your part to deceive, in cheque bounce cases the prosecution in order to bring home the offence, would have to prove that at the time of cheque you were playing a fraud insofar as you never had the intention to paying up, and this intention would be inferred from the nature of transaction, your general financial prowess at that time, and surrounding circumstantial evidences.
The Courts have repeatedly deprecated the practise of turning civil disputes into criminal for the purpose of striking a good settlement (NEPC v. Indian Oil - SC - 2005 perhaps).
Once you are out of this, employer may be handled also.
Good Luck !
Shonee Kapoor
(Expert) 22 April 2012
However, quashing has to be applied with great caution as it happens on strict legal grounds.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.RAJENDRAN
(Expert) 22 April 2012
Your grievance is that three years increment has not been sanctioned by your employer.
Please get a reply from the employer for not sanctioning the increment in writing and file a writ petition in the High Court for direction to your employer to sanction increment forthwith.
Binayak Acharya
(Querist) 22 September 2014
Sir,
The above case has put me under repeated problems in getting 3 promotions . My friends fas superseded under this scheme of promotions up to this date of 11/09/2014 from 18/02/2010 by violating the gradation list of 1992 , I have joined as Assistant Manager, now they are Assistant General Manager . I am going to retire by 30/06/2016.
Now the authority has not accepted the HC order in violating the gradation list.
Also a stay of above GR Case is issued by HC on 10/09/2014. It should have been quashed, because by NI Act case done after my Judicial Custody , he has refunded Mony to Court by Draft, Mony suit is pending .
Authority may also violate the Stay Order of HC and say criminal case is pending
Please advice
