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sunil kumar (business)     08 November 2017

Employee involved in cheating

Dear Sirs/Madams,

I am an owner of a company with 8 employees. I am trying to establish my company, registered as MSME.

I am in manufacturing of wooden items like furniture etc. I employed a sales manager 4 months back. He cheated my company by running independent sales and taking away the business quries which came for my company.

There is huge revenue loss due to this. I found out that 1 more employee was also involved in this activity. The used to send quotation and work orders on my letter head and on my company name.

On the pretext of saving GST amount he used to take money in his account. Now, on confrontation he accpted this on the whats app conversation. 

I want to take legal action against these 2 employess. Please suggest me how to go about it. Also, can I use the whats app confession as a evidence. Is it possible to recover the loss amount. I request you all to please guide me in this. 

Thanks in advance.


 11 Replies

Vijay Raj Mahajan (Advocate)     08 November 2017

Lodge FIR against them for cheating and misappropriation of funds with police.

sunil kumar (business)     08 November 2017

Thank you sir. Is there any other thing I can do like filing case in court or anything like that. 

Thank for this help sir.


sunil kumar (business)     14 November 2017

Dear All,

Police is not registering FIR they are asking me to go to the court and file a civil suit. They say there is no criminal offence pls tell me what should I do.

darshana sawant (associate consultant)     15 November 2017

Dear Sunil Kumar,


The facts reveal that they have indulged in cheating and criminal breach of trust.  You can lodge complaint online or approach the Police Commissioner that local police station is not accepting your complaint.  

Kumar Doab (FIN)     16 November 2017

Assuming that quote was sent to client and order was placed by client and payment was taken in personal account of employee……………….Did you (employer/owner) not execute the order and made the supply?

If yes you must have collected the payment, from employee.

Kumar Doab (FIN)     16 November 2017

Did you raise the Bill in name of client?

If yes and if GST was applicable then did you raise the bill without GST or you made the supply without bill?

If goods were supplied against BILL or without BILL or undervalued in  BILL or without payment,  then hope you have all the explanations!

The employees if corned in PS or court might also have all explanations….

If employee was asked to collect payment in personal account and has paid the money to you then what are the pending issues?

Kumar Doab (FIN)     16 November 2017

Weigh all pros and cons on facts that are in your full knowledge and act further after consulting your legal cell/law firm engaged by you or lawyer engaged by you.

The knowledge of customers is in memory of employees and market is open to competition.


In case the facts are on your side then either approach higher officials of police to lodge complaint the SHO has denied or seek intervention by court or approach civil courts………….

Kumar Doab (FIN)     16 November 2017

You seem to have many issues, high turnover  and exploring the cause and possibility of damages in many issues e.g;

The success depends upon merits and acumen of lawyer on both sides.

M.S.R.Murty ( Manager (Admn))     17 November 2017

Dear Sir,

Please consult the lawyer and take action under section 24 and 408 of the Indian Penal code.


As usual, Mr. Kumar Doab could not resist from making 4 vague posts as of playing merely a number game that too without properly understanding the question. 


Originally posted by : JIGYASU: Legal Analyst
As usual, Mr. Kumar Doab could not resist from making 4 vague posts as of playing merely a number game that too without properly understanding the question. 


Mr. Jigyasu,

You have criticised Mr. Kumar Doab for making 4 posts. Although he cannot shun his old undying habit to make merely vague and irrelevant posts, BUT WHAT IS YOUR OWN ADVICE OR OPINION ON THE PROBLEM that you have not stated anywhere?


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