Fake complaint of 409 and 420


Dear Members,

Greetings!

I need your suggestion on Urgent basis on a false case of 420 & 409. Actually, i have worked as a Training & placement officer in an Engg. college in Bihar from Sept 2011 to April 2013 where my job responsibilities are managing the company for placement and guide engg. students regarding caree and job opportunities. The college has not even given the appointment letter and surprisingly given the salary that was half of my last drawn salary with my previous employer. When I complained, me informed that after 3 months the salary will be increased and even at the time of salary they paid in cash and taken sign on two register mentioning different salaries. I have objected and asked to resign, somehow the college dircetor convinced me that all employee have the same issue and have to wait till 3 months.
After that the college chairman (a political leader), finalised that the college will pay Rs. 10,000.00 per selection alongwith hospitality for the HR team visiting for campus drive in the college.and i have to convince student to participate them in the campus drive and to deposit that respective amount in college. In Oct., 1st campus drive was conducted and 3 companies have participated. The college has released Rs. 50,000 in advance for travelling and hospitality for the HR team. In this 40,000 amont has been transfered to the consultant account for flight booking and 10,000 given to me for expense like cab and hospitality. Rest amount will be asked to paid while drive.
The three companies have participated from Ahmedabad and Indore. They have selected 70+ companies, which has never been done in the college(even not 40 students have placed through this college alltogether). Next day, when consultant asked for their amont as per previous discussion i.e. 10,000 per selection, the chairman refused to do so and ask for the invoice. The consultant had given the invoice by adding the service tax. Even though the chairman has refused to do and asked to pay after joining. The consultant had cancelled the drive and asked for the reimbursement of the expenses, which even college denied.Somehow, the consultant was managed.
The students were started protesting after the cancellation of the campus drive, I too have resigned after this moment and sent my resignation letter to all the concerned authorities. after havinga lot of pressure from students, the chairman asked me to meet and in meeting he said that for chance of being cheated he has asked for the condition of payment with joining.
Also, that my resignation make students aggressive and the college will be in trouble and he will not allow me to resign in any case.
Due to high pressure and dramatic situtation, i have to rejoin(which was a big mistake). The students requested to have the job offerings from the company and they will pay to me directly. After discussion with chairman and students, i agreed to do so as for the sake of students and suggested students to pay to the college. The worst scenario cames when any company or consultant was not ready to give joining to the students of this college without having advance payment. When it was about to be withdrawn, the students requested me to either take the money directly and pay to the consultant/HR or can pay to them by my own and college will reimburse through the students placement charge. Again, i have done the mistake and decided to pay by my own and take re-imbursement from college. I have asked one of my friend who is running IT-firm in Delhi to give his company details for the agreent and i have signed on his behalf for the agreement. we have not found any risk involvment as we found that no transaction will be done before the completion of the process.
The agreemnt copy has been given to the college stating that XYZ frm will do the placement acitivity and will charge 10k+appliacble service tax. Also, i have informed the college  chairman about the company relationship with me for transperancy.
For the company, in ahmedabad, i had paid 3.25 laks and taken the job offerings from the company. The first lot of students gone there and taken the joining. After having worked for 2-3 days during their training, they started to complain that they may be sent in marketing profile and they hav egot the job offering as Site Enng. The college asked me to visit Ahmedabad and to see the problem and also to submit the bill and tarveeling expense which would be cleared with salary. I found no problem with that.
When i visited ahmedbad found, that the students were given training on products as of site engg job profile they may have to give any presentation to the client. I have asked students to continue but they want to withdraw, the HR has returned the amount and release the students. the students have asked me to either shift them in any other company or ask me to return the respective amount of their fee submission and take the amount from college as the college repo in refunding amount is worst. In return they will inform college that they are working and college will re-imburse me. I ahve done that shifted two of five in other company and returned amount to other students. The students have informed college that they are working. After returning from the tour, i asked college for reimbursement and to release the placement charge. they asked to wait and when i  talked to the chairman directly, he said that 5 students charge will be adjusted with previous payment of 50,000 and my billing will not be adjusted as the company responsible for placement activity has been partnership with me. So, i have to adjust the amount from the placement activity. Till then 5 or 6 campus drives has been done and i have invested approx 4 lakhs with this college.
The students have done the same scenario with another company of Mumbai even after having their first month stipend. I have to asked the students to take refund of the placement charge from me and given in written that they have done their joining. They have mailed me and shared their contact number. i have released the amount to the students and submitted their mail along-with the contact details to the chairman and asked him to release the plaement charge after verification. After having individual calls to the students, he has released two cheques of 1.32 l and 92k approx with the name of xyz company. After having the amount transfered . I have given resignation stating the reason of fake commitment, studnets capability and discipline and all.
Then i got a msg from my junior that chairman wants to meet me as of knowing the placement status and after the joining of rset students. I informed him that all the joining have been cancelled and college have to refund the amount to the students, which i too shared with the studemts. also, given college the name list of students whose amount for placement charge has to be refunded after cancellation of the campus drive and demanded for my last month salary.
In lieu of that, i came to know that an fir has been file for fraud against me, when i meet the concerned I.O. he asked me to pay Rs. 30k for clean cheat, i refused to do so and asked him that i can give you all the related details of the company visit, HR authentication, resignation letter of students those who have joined and confirmation from the students who are either working or have refunded their amonut. IThough he negotiated and taken 5k with all the relevant documents.
After that, i have shifted to Pune as per new job profile, yesterday my parents camt to know that arrest warrant has been issues and if not taken bail by me me then there may be a case of Kurki-Jabti. Though there is no property against my name.I have resigned in May 2012, the fir was put in Nov.2012. During my resignation period and college for, the director, registrar and ast- registara has been changed. Asst registrar has resigned as he was asked to do complaint against me.
I would like to know how to get anticipetary bail, what time it will take, what will be the expenses, can i too take a legal action on college. Kindly suggest urgently, as my parents are worried a lot, these things will not hamper my career only but also hampering their repo in society.

Thanks

 
Reply   
 

First ,go for Anticipatory Bail application in session court , if session court reject move to HC , it will take time . File counter complain to higher police authorities along with all the facts and documents , its also help you in bail .


Total likes : 1 times

 
Reply   
 


self employed

you can also go to HC to achive remedy u/s 482 of CrPC to quesh the fake FIR if you can prove that facts of case is false and this case is registered to genrate disturbance for you


Total likes : 1 times

 
Reply   
 
Dy Director

Someone advised "you can also go to HC to achive remedy u/s 482 of CrPC to quesh the fake FIR if you can prove that facts of case is false and this case is registered to genrate disturbance for you"

 

I will disagree wth this.  Facts given by you indicate prima-facie that a deception has been caused with students.  They have been made to pay money for bribing the HR personnel for buying campus placement. The deal has failed.  You are the interface.  In civil suit they cannot recover as the consideration prima-facie was illegal ( buying jobs for them which they cannot get in open market).  If any of the compnay was PSU then case under PC Act will also be tanable.


You have to agree that you have participated in a crime in the garb of employment in the institute.  Only then a right advise can be attempted.

 

Act as advised by Mr Deepak Gupta.

How do you prove that facts stated in FIR are false.

 


Total likes : 1 times

 
Reply   
 

Dear Mr. Dipak Gupta,

 

Thanks for your response. I have few queries:

1. What time will it take to get an  Anticipatory Bail and for this whether I have to be present there or can be done through lawyer?

2. I am not leaving my parents with more than 8 months, what steps can be taken on legal side so that they can not be disturbed i.e. the threating of Krki-Jabti and all.

3. During the period to get the anticipatory bail whether it is advisable to communicate with Investigation Officer.

 

Thanks

 
Reply   
 

Dear Mr. Sudhir Kumar,

 

No company was PSU. Regarding the prrofs, I have the companies confirmation for campus and joining of the students. The amount which has been released in name of placement from the college compromise from 28-30 students, in which 5-6 are still working. Approx 15-16 students have given mail of their joining after amount refunded by me. Hopefully only 5-6 students have some issue as they have joined and got stpend for their first month but after the dispute and getting regular caal from college and students have been terminated. No hospitality or traveling charges has been paid by college for any campus.

I hope these are enough proofs to make this complain fake. In any circumstances, i dnt found myself guilty for having any crime. Though would like to have your suggestion what steps would i have to follow to prrove this complain fake.

I have been offered by the chairman to pay 3 lacs to stop these activity in starting which i had denied and even not in mood to so...by doing this i would be a culprit among colleagues and students...

Thanks

 
Reply   
 

Dear Mr. Manmeet Singh, What will be the process for going to HC to achive remedy u/s 482 of CrPC to quesh the fake FIR. Whether by doing this anticipatory bail will not be required? What time it will take for processing..
 
Reply   
 

Dear Mr. Sudhir Kumar,


1 thing also i would like conclude that I have refunded the full amount of students, whether the college has deducted Rs. 3000 of each student whose placement activity has been cancelled. The students have paid Rs. 11,500 and when i had cancelled the placement activity the college has refunded Rs. 8500 per student on basis of list given by me. Also, the payment has been released only after the mail and personal call verification. The issue was left to only 5 or 6 candidates who has got joining & stipend and after the issue has been terminated (sent on leave for a month and when asked to rejoin after 20 days refused to do so.)

This is the total scenario. Hope it will make you to give suggestion what would be more suitable to do.

 
Reply   
 
Dy Director

you are confession that " I have refunded the full amount of students" from where?  Why you refunded if you did nto embezzle? 

 

Criminal liability doe snot extinguish even if cheated money is refunded rather the refund is a part confession.

 
Reply   
 

First ,file bail application through lawyer and  some body on the behalf of you  file counter complain to higher authority of police  , for fair investigation , if police fail to do it , move HC for fair investigation . FIR against you , nothing to do with yours parents . Kurki - jabti is not a easy process , its police tactic to create pressure to arrest the accused .

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC Course!     |    x