Need to understand if this can case can be quashed

888 votes

If the email was sent after you had already left the company, the prosecution must establish your specific criminal intent, the falsity/malice of the contents, and a clear causal connection with the alleged financial loss. A contractual dispute or mere allegation of business loss does not automatically constitute cheating or a criminal offence. Since the charge sheet is yet to be adjudicated, you should immediately examine the FIR, the email, employment/exit records, relevant contractual clauses and the investigation materials. Depending on the exact allegations and evidence, appropriate remedies before the Trial Court/High Court, including discharge or quashing where legally maintainable, may be considered.

Advocate Atanu Patra LawRato

725 votes

Since the alleged email was sent after your resignation, the matter will primarily depend on the contents of the email, your intention, the circumstances in which it was sent, and the specific provisions invoked in the FIR/charge-sheet. Mere sending of an email or causing financial loss does not, by itself, establish cheating or breach of contract; the prosecution must satisfy the ingredients of the specific offences alleged. You should immediately obtain and examine the FIR, charge-sheet, employment agreement, relevant correspondence and the complete email trail. If the allegations even on their face do not disclose the essential ingredients of the offences, appropriate proceedings for quashing may be considered before the High Court. If the charge-sheet has already been filed, the defence can also be raised at the stage of discharge/framing of charge, depending upon the offences and the court concerned. Do not delete or alter any electronic communication, as the complete context may be important to your defence. further you can contact me anytime whenever needed sir I'm always there happy to help take care thank you

Advocate Vyankatesh Pandey LawRato