@ Mahesh, Answering your queries here.
< You may address me as Mr.Iyer >
Mahesh, if you are indeed innocent, you really need to do the damage control since it is your life.
Actually there is no evidence on my name that i took some amount from the complainant.
FILE RTI AND ASK THE POLICE IF THERE IS ANY EVIDENCE TO THE EFFECT THAT YOU TOOK AMOUNT FROM THE COMPLAINANT.
I just worked there in that company as a Process Associate with monthly salary as 12,000/- INR. I left the job in the month of June 5th as im fedup with the candidates, who are coming to office and torturing about the process. But our Manager requested them to wait till october, 2015. Even police also came to office for verifying but as our Manager is not in the office. As an employee we need to answer al the questions asked by them.
HAVE YOUR PAY-SLIPS READY TO PROVE LAST SALARY DRAWN
After every payment by the candidate, we need to give them the receipt and i did gave them.
Every payment is directly transfered/cheque credited into company account only.
No evidence that im the partner of the company or company bank account on my name nor im the Manager.
BUT PROSECUTION WILL ARGUE THAT YOU HAD AN AGENT THROUGH WHOM YOU OPERATED FOR RECEIVING MONEY THROUGH SHORT-CUT METHODS AND SIPHONED OFF FUNDS.
SO YOU HAVE TO BE READY FOR THAT CROSS-EXAMINATION.
Our Manager went to Malaysia for a business trip in the month of March, 2015. He was directly comunicating with the candidates on call/Skype.
SEE IF YOU CAN HAVE THOSE SKYPE CALL RECORDS/ CHATS.
THAT IS AN EVIDENCE LEADING TO THE I.P.ADDRESS THAT WOULD PROVE THAT MANAGER WAS IN MALAYSIA
After quiting from the office, the office was closed from June, 2015 to till date. Even our Manager Malaysia & Indian numbers also not working,
WHETHER GOVT.OR PRIVATE ( AIRTEL,...etc ), FILE RTI OR IF PRIVATE SERVICE PROVIDER, FILE AT TRAI TO SEEK INFORMATION OF LAST BILL DATE AND LAST ACTIVE CALL-ACTIVITY ON THOSE PHONE NUMBERS SO THAT YOU CAN PROVE THAT THE NUMBERS WERE NOT WORKING.
BUT PROSECUTION WILL ARGUE THAT YOU ARE ALL HAND-IN-GLOVE AND THIS IS A PLANNED AND ORGANIZED CRIME.
THE WORD ' ORGANIZED CRIME ' WILL BE USED.
so one of the candidate equired about my whereabouts and directly came to my residence . He came to my house (Govt quarters), father is a govt employee (Attender). He pushed my father and beat him by saying that he is a police officer. Even he pushed my mother out of my house and there were many neighbours questioned him but he said " i am the police officer and their son is a cheater, took 1 crore from one of the person, we got the complaint and we came to catch him". He gave warning to my parents and other neighbours.
FIRST ASK YOUR PARENTS TO FILE A COMPLAINT WITH THE SENIOR CITIZENS' CELL AND NAME THAT CANDIDATE AS THE ONE WHO ASSAULTED THEM.
Once i reached in the evening after office at 7pm on August 21st, 2015 he was inside my home using my desktop system in my bedroom.
FOR THIS, LET YOUR PARENTS ( OWNER OF THE HOUSE ) FILE A POLICE COMPLAINT OF TRESSPASSING AND FORCED OCCUPATION OF YOUR HOUSE, AGAINST THAT PERSON.
THEY NEED NOT VISIT THE POLICE STATION.
THEY CAN WRITE THE DETAILS AS A COMPLAINT AND SEND IT BY POST TO THE INSPECTOR OF POLICE, BY REGISTERED POST ACKNOWLEDGEMENT DUE.
THAT IS VALID AS A COMPLAINT AND CAN BE LEAD TO AN FIR TOO.
he called the Police constables and took me to PS. There they beat me like anything as i asked that to prove that i took 1 crore rupees.
THIS IS WHERE IT IS SUSPICIOUS. USUALLY POLICE WOULD NOT BEAT OR USE FORCE UNLESS THEIR GROUNDS FOR SUSPICION IS STRONG OR UNLESS THERE IS A CORRUPT POLICE WHO HAVE BEEN PAID BRIBE TO DO THAT.
BUT USUALLY THEY DO NOT DO IT.
THAT TOO, IN TODAYS' WORLD, POLICE THINK A LOT BEFORE BEATING.
SO, YOUR VERSION WILL BE DOUBTED BY ANY BODY.
BUT IF YOU ARE NOT AT FAULT, ISSUE A SWORN STATEMENT TO THE MAGISTRATE THAT YOU WERE ASSAULTED BY THE POLICE ON so and so date, at so and so time at so and so police station by so and so officer/s
Even my parents came to PS and question the CI regading the complainant. " how can i person came to a govt servent house forcbly by saying as a police and beat me" But there was no reaction and action on him. He told in front of all the police and us that" He owned te complete police station and no one can do anything to him".
MENTION THIS IN A LETTER AND LET YOUR PARENTS JOINTLY SIGN IT AND POST BY SPEED POST ACKNOWLEDGEMENT DUE TO THE COMMISSIONER OF POLICE.
Even they took me to one of my previous office collegue's house at midnight 3 am ad he also gave the same informatin that we are just employees and did our work thats it. Mahesh is not the partner and he is also an employee like me. Mahesh joined recently so he dnt have any connection to this case. Try to catch our Manager, he took the money and currently he is absconding and even we didnt got our last month salary also.
IF THAT COLLEAGUE CAN GIVE IT IN WRITING AND YOU GET IT NOTARIZED.
THEN MEET THE OATH COMMISSIONER AT THE COURT PREMISES AND LET YOUR COLLEAGUE ISSUE IN WRITING.
THEN LET YOUR COLLEAGUE ISSUE A SWORN STATEMENT TO THE MAGISTRATE THAT HE WANTS TO TESTIFY AS WITNESS THAT YOU HAVE GOT NOTHING TO DO WITH THIS.
IF YOUR COLLEAGUE DOES THIS, YOUR POSITION GETS INTO A RELAXED STATE.
They left my colleague in the next day afternoon and took me to court. but my mobile was with the complainant the whole night and he retured it to SI next day afteroon befre moving to court. He changed all the setting, i think he tried to open all my email and personal storage. Even i discussed with the SI the same but no use. Wantedly at the last minute they took my mobile from my dad and re wrote the remand letter by adding the seizer of mobile.
MENTION THIS IN THE LETTER TO THE COMMISSIONER OF POLICE.
Finally, the compainant gave the evidece that he transfered an amount of only 1.5 lac into company account and the given receipt thats it. Again we tried to question the police that why you people gve false information that he gave 1 crore but no answer from them.
MENTION THIS TOO IN THE LETTER TO THE COMMISSIONER OF POLICE.
Now im back through bail after 14 days. Im A2 now, dont no how to fight back and what to do next. No job, no money. No support.
IF YOU ARE A2, chances of acquittal are reasonably better if the evidence is weak and if police do not have sufficient evidence to make it a water-tight case.
YOU CAN HIGHLIGHT YOUR POSITION BUT ANY FREE LEGAL AID CELL WILL SAY YOU CAN PLEDGE YOUR HOUSE AND RAISE MONEY AND FIGHT A CASE.
SO YOU HAVE TO ARRANGE FOR FINANCES TO PAY THE ADVOCATE.
YOU CAN TAKE UP SO MANY ONLINE DATA ENTRY JOBS AND EARN.
TODAY, EARNING OPPURTUNITIES ARE MANY.
IF YOU CHANGE ADVOCATE, FOR NOC, HE WILL ASK HUGE AMOUNT.
SO MEET ANOTHER ADVOCATE AND LET THAT ADVOCATE NEGOTIATE AND CLOSE IT AND GET THE NOC
AND TAKE UP YOUR CASE.
TELL HIM YOUR POSITION AND REQUEST FOR PAYMENT OPTION IN INSTALMENTS.
USUALLY ADVOCATES SHOW KINDNESS. HE MIGHT AGREE.
ACTUALLY ADVOCATE IS NOT SUPPOSED TO REFUSE NOC.
IF HE REFUSES, WITH A STAMP AFFIXED ( it was Rs.5 /- ), YOU CAN SUBMIT AN AFFIDAVIT AT THE COURT AND THE JUDGE WOULD CALL YOUR ADVOCATE AND TELL HIM THAT AS PER BAR COUNCIL RULES, IT IS YOUR CHOICE TO HAVE ANY ADVOCATE YOU WISH TO.
WHEN A JUDGE CALLS, USUALLY THE ADVOCATES QUICKLY ISSUE THE NOC.
BUT SOME ADVOCATES ARE ADAMANT.
SO DO THIS AS THE LAST STEP.