(Guest)

Can i file police fir for this -

sir,
i had a home security men that used to work for me last year.
i appointed him last year when i had to travel abroad.i hired him through a agent.
soon after i left for abroad..on some disagreement.he left the job and he owes
me 7k (that he took as advance) in money. and also took a mobile phone with him. i still hold his work license id that he surrenedered to me when he took the advance money..now he is not responding and the agent who sent him is also not taking responsibility..

now,i a m back after a year.

i want to file a police complaint ..got the below questions.

1, can the police take fir for this..
2. it is been more than a year since this happen.d..can the police still accept this offense.
3. i have also the docs of the security men..including his driver licnese..can i surrender evertyhing to the police..i have all his home address doc copy,driver license and the agreement from agent.
4. i usually travel abroad frequently..if i file FIR, will the police call me often for enquiry and what happens if i am not available to appear when they call
5. how long does the police takes to enquire and close this FIR.
6. will the police do any sort of arbirtration on this.
7..how will the police handle this case..again i dont want them to go to the extent of beating him or something like that..that is not my intention here.
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friends - please dont think i am making a big fuss out for this 7k..my only purpose is that
he should not go and cheat someone else like this keeping this as an example and want to teach the security men a lesson and show him how much serious is cheating.

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6 Replies

Sudhir Kumar, Advocate (Advocate) 04 August 2013

what is your exact query. have you been cheated?

Sudhir Kumar, Advocate (Advocate) 04 August 2013

inwhich capacity you forced him to mortgage driving license andotehr important papers. How you are entitled to hold his license.

(Guest)

sir,
all the addrss proof papers ,like copy of raition card,drive licese, etc..that he submitted were basically part of his initial joining formality that he had provided...other than this i dont really hold any docs as such from him.
moreover, i wasnt comfortable giving him any advance to the tune of 7k to that extent especially when he was working with me only for few months .
but he himself brough this option and want to leave his drivers license with me..as a collatoral for the advance...
also,i gave this advance as a cheque and i do have the copy of the cheque issued to him.

kindly advise-

adv.raghavan (Advocate,9444674980) 04 August 2013

i hope u have dealt with the security guard without the knowledge of the hiring company, that is the first mistake, u cannot make that company liable because that company did not request you to extend loan to this fellow,.so he will not be liable legally, morally yes he has to do some thing. you can file case against the security guard under section 417,420 and sec 378,379 of IPC for not paying your amount and taking away mobile phone of yours. you have to file the case the rest will be taken care by police, u cannot instruct them to behave properly with the accused. yes u have to cooperate with the police when they call u for further investigation.