• Harassment

One of my earlier employee who used to work for me on salary and incentive basis is harassing me and threatening me to give him partnership.he is claiming to be my partner with no documents.he is threatening me with legal notices but not giving me any proof.i have initiated a police chapter case against him and he paid penalty as well, but still he is filing ncr in his area for 420 criminal breach of trust and concerned officer is sending me notices for investigation of his ncr.
Asked 4 years ago in Criminal Law
Religion: Hindu

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16 Answers

He can't be a partner like that. No need to worry. You can take a anticipatory bail before going to police station.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

This is my response to you:

1. Then you quash the FIR he has filed against you;

2. File a case of defamation against you;

3. File a civil case and claim maximum compensation from him;

4. Also file criminal complaint for defamation and seek penalty and imprisonment to him for harassing you;

5. You can also seek anticipatory bail from the court so that you don't get troubled in the future.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

you should approach IO and have your statement recorded

2) enclose copy of police chapter case intiated by you and penalty paid by him

3) deny that he was partner of your firm

4) enclose his appointment letter which proves he was mere employee of your concern

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

wait for police investigations to be completed on your complaint

2)police would issue notice to him have his statement recorded . conduct investigations and file report before court

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

First of fall present yourself before IO NCR and record your statement with copy of necessary evidences.

Then file for quashing before the High Court also before presenting yourself before IO seek an anticipatrory bail.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Counter the same in court of law as well as visit police with your lawyer and understand the pros and cons.if necessary file police over action against police

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Further he cannot claim to be your partner give a reply to his notice and deny all allegation made by him and ask him to present the proof of such partnership further pursue your case of 202 IPC. he cannot claim to be your partner without any partnership agreement

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

On what note he is harassing you ?

Court has sent matter for investigation, once investigation over than court will take cognizance, u can file application u/s 210 of CrPC to call for progress report.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Issue a reply notice through your concerned advocate that if the opposite party does not stop his habit of making false statements you will initiate defamation proceedings against him. And concerned with complaint filed under 200 Crpc court will direct police to investigate and file final report till then opposite party would not be summoned by.Court. If you want you can claim for damages to loss of business causes by your ex employee.

Section 420 IPC is non bailable as such apply for anticipatory bail then only after bail is granted go to police station to co operate with investigating officer.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) You can file against him a mental harassment case plus as per Indian Contract Act you can file working as employee and book him under sections fraud,misrepresentation and undue influence.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

YOU CAN FILE CIVIL SUIT AGAINST HIM NOT TO INTERFERE WITH YOUR BUSINESS AND ALSO CAN FILE CRIMINAL CASE. BUT, I COULD NOT FIND DETAILS UNDER WHICH OFFENCE IS CASE FILED

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

Dear Sir,

You may challenge FIR and get a stay on further investigation and ultimately it may be quashed. In the meanwhile you file an application before Magistrate where your 202 case is pending seeking police protection, if necessary you must be ready to get police escort on payment basis.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

If you have already initiated legal action in this regard and he was penalized for this crime, you may face the police who is summoning you for inquiry on the basis of the documentary proof in your possession.

Explain the correct details to the police and convince them his fraudulent intentions and get it dismissed failing which you can challenge the same in the trial court after obtaining AB.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

For your private complaint the will examine the complaint in detail only after which it will be taken on file.

Once the court takes this case on file it may take years to dispose the case.

The court will have no answer for your urgency.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Firslty, you would have to wait for some more time as it takes time.

Secondly, you can also request the judge for issuing Non Bailable warrant against him if he continues to absconding from the proceedings.

Thirdly, let him file any case against you as you have already filed a case against him which is beneficial for you as it also gives an impression of false allegation out of revenge by him.

Fourthly, you can also file a Writ of Mandamus in High Court to expedite the investigation.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

I would suggest that you do not settle by way of payment of any amount with the said person, as he has no prima facie against you.

Moreover, if you settle, the negative inference would be that you were at fault, and hence you paid.

I would request you to be patient as once this is decided, there is no chance that the other side is going to get a single penny from you, without any evidence to prove the alleged partnership.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

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