• Cheating and Fraud

Hello, 

I am unsure of the area of law so just selected "LABOUR" from the list.

I had done following cheating with my previous Organisation.

1. Took money for employment from one person. Rs. 250,000/-

2. Purposely added one extra name in workers list and given a statement to clear wages to accounts team. This continued for 3 months. Total Amt transferred to my account was Rs 295,000/-

When my organisation came to knw abt this case they had sent a complaint to police stn.

I was called there n was asked abt same. I agreed and accepted the statement given by office. Later I had met my Ex office HR and gave a statement as well that above fraud were done by me. 

 in one months time I had paid the employee the money I had taken from. I had gone to office as well to give money in part payments. They rejected it. 

Intention of my ex company is that they want police to file a case against me and are not willing for settlement.

Please advise what kind of punishment I will be given for the above act.

Request your kind reply.


Best Regards 
Dhiraj
Asked 7 years ago in Labour

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2 Answers

section 406 of IPC Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 420 of IPC Cheating and dishonestly inducing delivery of property.: Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine

3) if FIR has been lodged against you under section 406, 420 you can be sentenced to imprisonment for maximum period of 7 years

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

It is not known that what all charges have been framed on you by the police on the complaint lodged by your office.

The punishment to various charges can be determined only if the details are known, however on the basis of your information it can be presumed that the charges may be for cheating, fraud, breach of trust etc; for which the punishment varies as follows :

Criminal breach of trust.—Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”. criminal breach of trust is ‘dishonest misappropriation’ or ‘conversion to own use’ another’s property, which is nothing but the offence of criminal misappropriation.

Even if the accused intended to restore the property in future, at the time misappropriation, it is a criminal breach of trust.

Every breach of trust gives rise to a suit for damages, but it is only when there is an evidence of mental act of fraudulent misappropriation that the commission of embezzlement of any sum of money becomes a panel offence punishable as criminal breach of trust.

The punishment for this non-bailable offence is Imprisonment for 3 years, or fine, or both.

The punishment for Cheating and thereby dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security is Imprisonment for 7 years and fine.

T Kalaiselvan
Advocate, Vellore
86349 Answers
2293 Consultations

5.0 on 5.0

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