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bharath (consultant)     15 December 2015

420 need help

HI Experts,

I have filed a case u/sec 420 on my Previous employer for contradicting their own statements .they went for quash saying that the HR manager has not signed the documents where she issued  experience certifcate recommdeding for employment with out reservation and later during back ground verification HR manager  gave feed back that he is not eligible for hire. as such they have voilated the contents of service letter. and i been cheated. Now at this junction i received  notices from HC that they are not the said signatories and complaint is not maintainable .Please need your Valuable suggestion to Overcome this issue and pls help me how to move  further and vacate stay in HC.

 

Thanks,

Bharath



Learning

 9 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 December 2015

Sir,

 

Please Share the notice of the HC at advocate.kapilc@gmail.com.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Sudhir Kumar, Advocate (Advocate)     16 December 2015

vague query.

SAINATH DEVALLA (LEGAL CONSULTANT)     17 December 2015

Dear Querist,

U R not clear in UR expression,hence a vague query.

bharath (consultant)     17 December 2015

HI Sir,

  1. I resigned from the Previous company and the company accepted the resignation and issued me a relieving and experience letter that I am recommended for the employment at any place without any reservation. Later when I joined New company where my previous employer  gave a report that I have been involuntary Terminated as such I am not eligible for hire thus i have been cheated with criminal conspiracy for their adverse/contradictory statement which led to my termination at new company is only to deprive my right of better employment with a dishonest intention to cause wrongful loss to me. It is pertinent to mention that I was relieved with a Positive written document.

My Previous employer issued experience/service letter to me that I am recommended for employment at any place without any reservation and later dishonestly contradicted their own statements and discovered conflict of interest/impropriety where the company is bound to protect their declaration expressed in the form of a written document and which is a valuable property to me instead violated.

Aggrieved by that I approached Hon’ble Metropolitan Magistrate Court,  and made a private complaint before the Hon’ble Court and the Hon’ble court was pleased to refer the case to  Police Station,  for the offences punishable U/s 420, 120(B) IPC.

Police colluded with acccused and made afinal report saying that Action dropped no offence took Place based on tht i filed protest etition and magistrate took cognizance and send summons to accused. Now thay went to high court for quash saying that the HR manager and country head have not signed on the documents. Counrty head and HR Manager is responsible for HR activities and liable for prosecution they cannot escape their charge.

Please let me your valuable suggestions.

 

Regards,

Bharath

 

 

 

 

adv.raghavan (Advocate,9444674980)     17 December 2015

Still the query lacks lot of information. Going by your statements i do not think the said version fulfills basic ingredients required for section 420 and 120(b) IPC, it is purely a civil matter and best place to seek remedy is civil court . I advise you to file suit for damages for all the damages done by the company, if you have sufficient evidence to prove the same. 

bharath (consultant)     20 December 2015

HI Ragavan sir,

Let  us  now  examine  whether  the

ingredients of an offence of cheating are made

out.  The essential  ingredients of the offence of

"cheating"  are  as  follows  :  (i)  deception of  a

person either  by making a false or  misleading

representation or  by dishonest  concealment  or

by any other act or omission; (ii) fraudulent or

dishonest  inducement  of  that  person to either

deliver  any  property  or  to  consent  to  the

retention  thereof  by  any  person  or  to

intentionally induce that person so deceived to

do or omit to do anything which he would not do

or omit if he were not so deceived; and (iii) such

act  or  omission  causing  or  is  likely  to  cause

damage or harm to that person  in body, mind,

reputation or property. To constitute an offence

under  Section  420,  there  should  not  only  be

cheating,  but  as  a  consequence  of  such

cheating,  the accused should have dishonestly

induced the person deceived (i)  to deliver any

property to any person, or (ii) to make, alter or

destroy wholly or in part a valuable security (or

anything signed or sealed and which is capable

of being converted into a valuable security).

 

Please drop you inputs

regards,

Bharath

adv.raghavan (Advocate,9444674980)     20 December 2015

Thanks for the lecture, i still hold my view/

SAINATH DEVALLA (LEGAL CONSULTANT)     20 December 2015

Query logically not worth a reply

bharath (consultant)     25 December 2015

"Thanks a Ton" for your Valuable suggestions and time.

 

 

Regards,

Bharath

 


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