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How to handle fraud accusations on employee hired without a contract
25-May-2023 (In Labour & Service Law)
i was given a job in a logistic company by the ceo of the company.i started developing the business.After two months of my joining i was asked to show more business i.e, placing hired vehicles for transporation on paper only and the amount you used to collect sending a person to me.He promised since he is head of the company he will write off as bad debts and there will be no problem for me. This happened for one year and to the tune of 17 lakhs he swalloed. one fine morning he came of office and asked me to hand over the keys and charge and lodged a police complaint as a did fraud to the company. please advise my recourse to this situation.
First of all, in the given situation, you should immediately apply for anticipatory bail under section 438 of CrPC. Procedure for the same is given below:
How to apply for anticipatory bail
Contact a lawyer to apply for pre-arrest notice/notice bail, and anticipatory bail.
Get the lawyer to draft an anticipatory bail mentioning your version of the fact.
Apply at the appropriate Sessions Court.
When the matter comes up for hearing, it is advisable that your lawyer is accompanied by a trusted person.
When the FIR has not been Filed
The public prosecutor will talk to the police officer concerned.
Since no FIR has been filed, the PP will be of the view that there are no grounds for granting anticipatory bail.
The judge will agree to this and your lawyer will be verbally asked to withdraw the anticipatory bail.
The lawyer will then make an oral prayer for seven days pre-arrest notice in case the police formulates an intention to arrest you/your family.
In all likelihood, the judge will grant your plea.
An order will be passed accordingly. This is called the ‘notice bail’ commonly.
If the bail application is rejected in the Sessions Court, you could apply to the High Court.
If the High Court also rejects the bail, you could apply to the Supreme Court.
When the FIR has been Filed
In cases when the FIR has been filed, the Investigating Officer will send a notice of arrest
As soon as this notice is received, one should apply for anticipatory bail following the same procedure as stated above
Anticipatory Bail Application for Bailable& Non-Bailable Offences
A person should apply for bail under the relevant provisions of the Code of Criminal Procedure, 1973 (CrPC) depending on the kind of offence that the police has registered.
Section 436 provides that when any person other than a person accused of a non-bailable offences is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such a person shall be released on bail.
[Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance.]
Conditions that may be imposed by the Court
The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including:
a. a condition that the person shall make himself available for interrogation by the police officer as and when required;
b. a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
c. a condition that the person shall not leave India without the previous permission of the court.
Now, regarding the issue you will now have to show the evidence regarding the same, and then continue with your defence in the said court of law.
How to apply for anticipatory bail
Contact a lawyer to apply for pre-arrest notice/notice bail, and anticipatory bail.
Get the lawyer to draft an anticipatory bail mentioning your version of the fact.
Apply at the appropriate Sessions Court.
When the matter comes up for hearing, it is advisable that your lawyer is accompanied by a trusted person.
When the FIR has not been Filed
The public prosecutor will talk to the police officer concerned.
Since no FIR has been filed, the PP will be of the view that there are no grounds for granting anticipatory bail.
The judge will agree to this and your lawyer will be verbally asked to withdraw the anticipatory bail.
The lawyer will then make an oral prayer for seven days pre-arrest notice in case the police formulates an intention to arrest you/your family.
In all likelihood, the judge will grant your plea.
An order will be passed accordingly. This is called the ‘notice bail’ commonly.
If the bail application is rejected in the Sessions Court, you could apply to the High Court.
If the High Court also rejects the bail, you could apply to the Supreme Court.
When the FIR has been Filed
In cases when the FIR has been filed, the Investigating Officer will send a notice of arrest
As soon as this notice is received, one should apply for anticipatory bail following the same procedure as stated above
Anticipatory Bail Application for Bailable& Non-Bailable Offences
A person should apply for bail under the relevant provisions of the Code of Criminal Procedure, 1973 (CrPC) depending on the kind of offence that the police has registered.
Section 436 provides that when any person other than a person accused of a non-bailable offences is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such a person shall be released on bail.
[Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance.]
Conditions that may be imposed by the Court
The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including:
a. a condition that the person shall make himself available for interrogation by the police officer as and when required;
b. a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
c. a condition that the person shall not leave India without the previous permission of the court.
Now, regarding the issue you will now have to show the evidence regarding the same, and then continue with your defence in the said court of law.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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