• 406/420/120B

Dear sir,

My Accountant has done a fraud of Rs 1.5 Cr wherein money from our Company account has been directly transferred into my Accountant, his Father & Brother SB accounts. Further from his SB A/c, there are debits to various other accounts which are yet to be traced. A FIR has been lodged under 406 and 420 and he has been remanded. Can I give another complaint to PS to file a case under 120B as there are many recipients? Please note unlawful act has been done by my Accountant and others are directly/indirectly received money from him.
Asked 6 years ago in Criminal Law
Religion: Hindu

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6 Answers

Sir you can not tell the police as to what all sections are to be noted, you can just tell the complaint to the police and it is then upon them to apply sections. If you are of the view that there are more sections which are to be added then you can move an application before the concerned magistrate.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You can in your further complaint to police mention that in respect of Rs 1.50 cr fraudulently withdraw by your accountant has been credited to accounts of many recipients

That your accountant has entered into criminal conspiracy with others ti defraud you

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Hii,since the investigation is going on and there are more persons who are yet to be traced out , the police can add section 120 IPC And can add as many accused who are involved in the fraud .. The police has power and can alter( add or remove ) the charges if the challan is not submitted before the court .. There is no no need to give additional complaint , it is a crime under same FIR and they can be prosecuted under one FIR..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Certainly Section 120B IPC attracts to your case and as also Section 408 IPC which also non bailable since accountant of your company transferred amount to his father and brother's bank accounts. SInce cause of action arose once, better to approach investigation Officer and insist on him for adding additional sections viz., 120B, 408 IPC instead of giving fresh complaint. Complaint police can add new section in Charge Sheet.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

Hi

The existing FIR should be amended to include 120 B in your case.

It is crystal clear that there is a criminal conspiracy as the monies have been transferred by your accountant to his father and brother SB accounts and as such there is an strong evidence of criminal conspiracy in your case.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Yes you can give complaint including all those people involved in this scam.

You may mention that the knowledge of involvement of others came to you very recently after filing the previous complaint

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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