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Took hard disk while resigning from company. FIR filed.What to do now?
05-Mar-2023 (In Labour & Service Law)
My company has filed an FIR against me as I took one computer hard disk at the time of leaving the company. I am a salaried person and my organisation held my 45 days (from 1st Dec 2013 to 15th Jan 2014) salary and my request to them to pay my salary did not get any result.
I left my job on 15 Jan 2014 with one computer hard disk, and now after more than one month someone call me that an FIR has been filed against me about the above matter.
I need your advise what should I do? Please reply at the soonest. Thank you.
Kindly let us know which all sections are invoked against you, in case you are aware about the same. In all probabilities the FIR will be under Section 406 (criminal breach of trust) & 420 (cheating) IPC.
At the onset, we can say that firstly, there is a delay by the organization in lodging the FIR and secondly, there is vengeance as the motive in falsely implicating you.
If there is a Cognizable offence against you the Police has the power to arrest you. You must seek an anticipatory bail at the soonest possible.
All other issues and actionable from your end regarding the recovery of your unpaid dues which can be recovered via a Civil recovery suit can be discussed once you are relieved of the criminal charges initiated against you by your company.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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Learn what is the difference between cognizable and non-cognizable offences and get the details about them with this Indian Criminal Law Guide.
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