Case title
Praveen Jain
(Querist) 09 March 2013
This query is : Resolved
Dear All,
Kindly clarify the following:
One of my friend Mr.X was working in a Finance company at Delhi in the year 2003 and resigned in the same year. After few month that company disappear in year 2004 after cheating lot of people. in october, 2004, FIR lodged against the company and its directors & employees including Mr.X
Mr. X duly attended the inquiry officer and got the bail from court to avoid arrest. in bail order of Mr. X, this fact is mentioned that "the Mr. X was mere a employee of the company and I.O. of the case also accept the fact" hence bail granted.
The case is now in the stage of arguments on charges.
Now, my query is:
1. is there any court decision of higher courts in this type of case.
2. the title of case is State v/s Mr. X and others, while Mr. X was mere a employee.
so, can Mr.X apply for change of tilte of the case (time gap is there 2004-2013). it should be state v/s company or its directors.
Raj Kumar Makkad
(Expert) 09 March 2013
1. There are many.
2. Yes and even if the name of any accused is mentioned at second or third or any other place in the state case, it hardly matters.
There is no such effect of change and even he shall not get acquitted from the case merely on changing the sequence of the accused persons. His lawyer is required to argue forcefully if no charges are against him at this very stage so that his name may be deleted permanently and he be discharged.
Praveen Jain
(Querist) 09 March 2013
Is there any reference of case to support the employee.
Advocate Rajkumarlaxman
(Expert) 09 March 2013
file the discharge application at this stage only. you can succeed . which state is this
Praveen Jain
(Querist) 10 March 2013
chargesheet filed in 2004 and right now, Case is on 'arguments on charges' stage in Additional metropolitan magistrate court at delhi.
Kindly advise, where to file discharge application, in same trial court or in any higher court and under which section. If possible kindly give brief idea of contents.
Thanks & Regards
Devajyoti Barman
(Expert) 10 March 2013
You can file discharge petition in the same trial court where it is pending for trial.
Nadeem Qureshi
(Expert) 10 March 2013
Dear Praveen
file a discharge application before the trial court in which the matter is pending u/s 239 if the matter is warrant cases
239. When accused shall be discharged.
If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
The contents of the application will be based on the facts and evidence.
Feel Free to Call
Nadeem Qureshi (Advocate)
Chember No. D-720, Karkardooma Court, Delhi
email : nadeemqureshi1@gmail.com
web: nadeemqureshi498a.webs.com
Mob: +91 9953809956
+91 8802305262
Sudhir Kumar, Advocate
(Expert) 17 March 2013
Merely being employed for salary one does not get absolved of the fact if he has participated in any cheating. Had this been the case all p;aid assassination were out of jail.
Mere fact that the is accused implies that in the version of complainant he had been participate in crime. It is for him to prove that he was not aware of being employed for a criminal activity.
