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Legal remedy against persecution & conspiracy by company
08-May-2023 (In Criminal Law)
I worked in a Pvt Ltd Co. as Sr.Manager - International Mktg frm 16.11.15 to 18.04.17. I resigned on 18.04.17 as Company was not releasing my due Sales Incentives of 17 months. Company sent me legal notice thru their lawyer in June 2017 & I replied to that notice. After that Co. sent me a legal Summon under IPC 406 on 20.04.18 & demanding Rs. 1030000.00 which is actually due on a Dealer. Company is claiming my partnership with the Dealer which is completely false bcoz Dealer firm is a Proprietary firm & neither I hv any personal relationship nor any partnership with that Dealer. Only Director & G.M. of Co. hv authority to approve dealership & signing authority on all invoices. Rs.23 lakhs of payments were due on other Dealers too who are my very old professional friends for 10 yrs but Co. linked me with 1 dealer whom I never met before my joining in Co. I wrote to CM, Labour Commissioner, DM, Home Secretary against the persecution & conspiracy by the company but none of them helped me
Either respond to the summon received by you on date fixed in the concerned Court or Approach to Hon'ble High court for challenging that summon along with the said FIR.
For this you need to collect the copy of FIR as well as Copy of Summon and engage a Criminal Lawyer practicing in High Court.
Thank you!
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Adv. Amit Ranjan Mishra
Lucknow | 50+ Answers
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you should challenge the summoning order in High Court, further you should reply to the legal notice sent to you by the company, also you will have to show evidence that you were not in direct dealership, to provide a proper legal consult more information will be required, so if you haven't you should immediately engage a counsel who would tell you your further legal options and can guide you properly.
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Section 406 describes about criminal aspect of breach of trust. According to your question, you resigned from your position & company because of incentive matters. Incentive is subject of performance and other parameter which must have been described in terms & conditions letter provided by company during the time of joining.
I advice you do do the following-
Read those terms and conditions carefully. if you're not signing authority in approved dealership contract and invoices, You are not liable for any kind of compensation. You must respond to summon mentioning your role and responsibility as employee. Court will listen to you. You also need to file legal suit against company for your expenses and as well as mental harrasment.
Contact me in cease you need help on how much you can charge the company for mental harassment.
Regards
Ganesh Shukla
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Adv. Ganesh Shukla
Varanasi / Banaras | 25+ Answers
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Hello dear client,
You should challenge your Co. to prove that finencial relationship with that dekar
And also send me the working , terms and conditions about client and employee both,
So I will be able to help you in a better way.
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Adv. Akash Tiwari
Kanpur | 25+ Answers
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