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False criminal case under section 420/ 406 of IPC


01-Feb-2025 (In Criminal Law)
Ex-employer co. filed a false case against me that I left the company without notice and also some important valuable docs went missing including laptop which was entrusted to me. Loss to the tune of 1.5 lakhs. Job posting was based in Delhi. Company had intentionally filed this case in Kolkota. The local court in Kolkota has now closed this case after 8 years on the ground that offence was committed outside the jurisdiction. Have all evidences incl relieving certificate. Pls suggest next steps.
Answers (5)

Answer #1
588 votes
You have multiple legal options in such a case. All you need to decide first is whether you want to go offensive and fight against the malicious prosecution the company launched against you or do you choose to be defensive. Options in the given case can be: FIR for malicious prosecution, suit for damages , defamation suit ,etc. The best solution can be discussed only after a detailed review of facts.
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Answer #2
798 votes
Please go for the settlement agreement with the company and ensure yourself from any other legal issues and complaints. Please and dm for the further details as it would be easy for both of us to understand the things. Thanks.
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Answer #3
827 votes
Since the case filed by the ex-employer has been dismissed after eight years on jurisdictional grounds, the immediate step is to ensure all evidence, including the relieving certificate, is securely preserved. This will protect you from any potential future claims by the employer. Additionally, you can consider filing a defamation suit or a malicious prosecution case against the company if you can prove that the false case caused reputational harm or financial loss. Next, if you faced harassment or incurred losses due to the false case, you may also pursue compensation through a civil suit. Consult with a legal expert to draft the necessary documents and ensure compliance with the legal process. Additionally, request certified copies of the court's dismissal order as a safeguard against any future disputes.
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Answer #4
748 votes
Since the Kolkata court has dismissed the case due to a lack of jurisdiction, you can now take legal action against your ex-employer for malicious prosecution (IPC Section 211) and defamation (IPC Section 499/500) for filing a false case and damaging your reputation. Additionally, you can file a compensation claim under civil law for harassment, financial loss, and mental distress caused over the past eight years. Since the company knowingly misled the authorities, you may also proceed with a complaint under IPC Section 182 for providing false information to public servants. To strengthen your case, you can approach the Delhi High Court with a writ petition seeking quashing of any pending allegations and monetary compensation. Sending a legal notice to the company demanding a public apology, withdrawal of false allegations, and reimbursement for legal expenses would also be advisable. Given that you have strong evidence, including your relieving certificate and court dismissal order, legal action is in your favor. Let me know if you need assistance drafting a legal notice or petition.
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Answer #5
511 votes
You shall consider for quashment with the honourable High Court. However, depends on the content of the FIR, Chargesheet and other witness statements. Secondly you may pursue damages for defaming your reputation and even proceed for malicious prosecution separately. Thank you
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