• Under crpc 41A u/s -420,34

I was working in private limited company as Marketing Manager, my job is to appoint dealers in specified areas. For this Company has appointed Distributor and given a goods of 70 lakhs and the distributor never supplied the goods to the dealers, we have registered a case against him and that case in going on. Here many dealers interested to work with us and one of the dealer send 5 lakh to company account. I said him again and again but he was not interested. 
Now after 1 year he has registered a FIR against me u/s 420, 34. The police has sended me the notice but at that time I was not present and the police informed one of the person in my neighbours that whenever he is coming say him to call. I called police station and they said to present me under Crpc 41A. What should I do now because I known if i am going there they will arrest me. Kindly suggest me.
Asked 4 years ago in Criminal Law
Religion: Hindu

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13 Answers

Sir obtain a Anticipatory bail and then present yourself before police station for the investigation and provide police with all the document. Further file a quashing petition in high court stating that since the amount was paid to company and you intimated the dealer many time the complaint is frivolous and ask company to return the amount and settle.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

Appoint a lawyer and take him with you .

You should take an anticipatory bail before you visit the PS.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Dear Client,

No immediate arrest now a days, if you will avoid present than police will proceed arrest. At this stage, police has called you record your version so attend the hearing with your proof (copies ) of innocence, You can go along with an advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You woukd not be arrested

Only your statement would be recorded

Company can offer to return cheque amount of Rs 5 lakhs

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

This is a simple enquiry by the police on the basis of complaint you have to prove your version of a story and let the police take its own decision in case you feel there will be an arrest in this regard you have to secure anticipatory bail if allowed in Jharkhand otherwise get stay of arrest from high court before you go to the police station

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Normally the Police will not initiate arrest procedures and would have come to give you Notice or Court summons to appear before court.

2. You can visit the Police alongwith your lawyer, accept the notice, execute a personal bond and give undertaking that you will be present in the court during the next hearing.

3. IF you are apprehensive or fearful in any way, THEN you can procure anticipatory bail from the local sessions /high court.

4. You have to start preparing your defence, based on the available documentary evidences. Since cheque was given in name of company and not in your personal name, you personally cannot be held liable for any offence of cheating or whatever.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. If you have been asked to appear before the police u/s41A of Cr.P.C., you hall not be arrested while appearing before the I.O.

2.You might be arrested if you fail or refuse to appear before the IO despite receiving the notice u/s41A of Cr.P.C. and repeated reminders in that regard.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

If that act took place when you were on duty then your company is liable to answer this issue. Appoint a good lawyer and tale him with you. He will handle the issue in police station.

You were acting on behalf of your company so company is liable here and not you.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. First get a copy of the FIR to find out the allegations so you can prepare your defence.

2. if the allegations are not serious then you can consider to meet the Police and cooperate with the IO.

3. If the allegations are grave and you are not comfortable with the police then it is recommended that you first apply for anticipatory bail and then after getting bail then only meet the IO.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Querist

If you has received notice under section 41A of Cr.P.C. than no need to worry appear before IO, he will not arrest you.

For the precaution you may apply for anticipatory bail under section 438 of Cr.P.C.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

You may better obtain anticipatory bail first and then attend the enquiry session.

If this complaint is for the lapse in your official capacity then you may inform the company about it and take their help to come out of this issue accordingly

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Since 41A notice has been served you should immediately apply for anticipatory bail to preempt your arrest and detention, else arrest may be imminent. Anticipatory bail is the only protective shield against a prospective arrest.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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