Civil Procedure Code (CPC)

Criminal Compliant


Is it possible for the new MD to withdraw the criminal complaint filed against the delinquent employees, by the previous MD in a Public Limited Company..?
Kindly throw some light into this.
 
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Retired employee.

It depends on the seriousness of the case and the allegations involved.  A formal application can be filed for withdrawal and the police will be too pleased and guide the complainant in withdrawing the complaint, as they can reduce the burden.   Diluting evidence is the next option so that the police can close themselves treating complaints as false.

 
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Sir,

It's ok. But whether the new MD can withdraw the complaint filed by his predecessor..? New MD is competent to cancel his predecessor's decision on this or what..??

But if both MDs, new and old are having different views on this.

 
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Retired employee.

The fundamental issue is involved the discretionary powers of such MD and understanding the real issue, and recording specific reasons that are justified in withdrawing the complaint.

 
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withdrawal of complaint and capacity to withdraw the same totally different. nature of offense and stage of pendency also play role. who are you? are you MD of the delinquent employee? in both scenario, the course of action will be different. if you want exact advice, better call me on 9310155557
 
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Advocate

Who made the complaint? Was it made by the former MD in his official capacity or in his personal capacity? As per the complaint, who is the victim, the former MD or the the company?  Has the complaint led to a FIR being registered? If so, what are the offences registered? 

 
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For Fraud, Cheating, Misappropriation etc. MD has lodged the complaint in his capacity as MD of the company. There is every chance that the MD is replaced and the new MD has a lenient view towads the wrong doer staff members.The allegations are of seriius nature and amount to cognizable offences u/sn. 403,405, 408, 420&120b.

 
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Advocate

How could a person holding responsible position take a lenient view of FRAUD, CHEATING, MISAPPROPRIATION etc.?

 
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Yes, that's the pertinent issue here. Whether law prevent him from doing so or not, that's my query. I'm batting for the MD who took stringent action against the delinquent staff members, but preferably under a legal umbrella.

 
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Advocate

Any suggestion depends upon present status of investigation and trial. If charge-report has been filed, trial has to take place since some among the offences are not compoundable.  However, the accused would be acquitted if the de facto complainant diawn the complaint and the prosecution witnesses turn hostile. 

 
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