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BALVIR KANDA (Trader)     10 June 2014

Police complaint under ipc section 420

My friend was employee in a partnership firm as Sales Agent from April 2000 to October 2012

He was doing duty of Sales Agent touring for over 45-50 days in the different states of India, mostly Assam.

 

His last salary was Rs. 12000/-

 

He requested to increase my salary and pay my commission regularly.

 

Management Refused. He resigned and told to settle dues of salary, commission & Gratuity

He filed suit in the labour court. Management did not reply for 6 months and later filed a complaint of 420 at Police Station that he has illegally taken money from customers and did not surrendered the money to the management. His next hearing in the labour court is 22nd of July, 2014

 

Now the police SHO threatening him to arrest. Please advise what to do to avoid arrest. He shall face civil suit and can prove his innocence in the court that whatever the money he collected  the same was deposited with the Firm. Management accounts have been tempered which  can be proved as the accounts of the firm are totally under the control of the partners of the Firm.

 

Please advise  what to do to avoid his arrest.



 5 Replies

Sudhir Kumar, Advocate (Advocate)     13 June 2014

"Management accounts have been tempered which  can be proved as the accounts of the firm are totally under the control of the partners of the Firm."

 

In how many years he can prove the same?

BALVIR KANDA (Trader)     13 June 2014

He can prove total collection during the service period. But sir my question is this whether police can arrest him if so should he seek bail in advance. Has he any edge before the police and the court that employer gave complaint after the employee filed suit inthe court. 

Sudhir Kumar, Advocate (Advocate)     14 June 2014

unless got AB police can arrest.

BALVIR KANDA (Trader)     14 June 2014

Sir "AB" means

Sudhir Kumar, Advocate (Advocate)     12 July 2014

it is Anticipatory Bail


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