• Wrongful allegation from previous employer

Hi,
I was employed with a fintech startup for three years and left them in Sep2019. They gave me proper reliving letter and full and final settlement. Now in Jun 2020 one of my ex collegue has approached me and harassing me saying some mismatch in disbursement accounts are found in two customers account who were my reference
They are threatening me verbally to pay some 25 lakhs else they will file cyber crime and 420 case
What all remedies are available for me 
I know for sure the IT audit was never done for the systems.
There system is porous and can be manipulated easily
I left that company due to constant harassment and disparity in pay
I have 15years plus of experience and have never faced any such integrity issue. This is cauaing me huge stress and my reputation is at stake
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 10 minutes.

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17 Answers

They just want to extort money. If they again ask verbally than ask them to demand recovery from you in proper written form and tell them that you will complaint about this

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If you have left the company in the Sep 2019 and after 9 months they are contacting you for financial harassment. 

 

Ask them to send a legal notice and what are the issue exactly, what happened in the clients transaction who so ever are involved in this transaction what was the terms and conditions mentioned in the agreement between fintech and clients etc etc.

 

Otherwise you can give them warning if they call or send any email then you are going to file defamation case against them.

 

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

1. See in case they file any complaint or issue any notice you may reply stating that you were properly relieved and you have no.responsibility for same as the data can be manipulated after words. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Please issue legal notice through a lawyer to your employer who is threatening you directly/indirectly for certain mismatch in the account warning them to resist from such threats otherwise you will take Criminal as well as civil action including  defamation case against them.

In case they registered a case against you there would a notice from Police Officer under section 41A of Cr. P. C. 1973 for enquiry and investigation. 

Please do not go to the Police Station under any circumstances after receiving the notice. Immediately move for Anticipatory Bail under section 438 Cr. P. C. 1973 before the Court of Sessions or High Court for the interim order against the case of Police and later for the quashing of the FIR.

You may get stay on the investigation under quashing of FIR based on the facts you have posted in the present matter.

You would succeed definitely. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. Mere allegations are not enough to bring prosecution against someone. 

2. The demand of such a huge amount speaks volumes about their ill motive.

3. If the calls are frequent and having overtone of extortion then lodge a complaint with local police .

4. Put a brave front to face the situation. 

Devajyoti Barman
Advocate, Kolkata
22857 Answers
492 Consultations

5.0 on 5.0

Hello, 

 

You can not do anything in anticipation. If they are threatening you then you may go ahead and file a complaint for criminal intimidation against them. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Let them take any step don't panic on oral threats. If you get any legal notice you reply. You can contact me for the same if you require assistance

Prashant Nayak
Advocate, Mumbai
32037 Answers
183 Consultations

4.1 on 5.0

If the employee of that company is  harassing you with this type of fake demands or forcing you to accept the liability, you may first issue a legal notice to that employee  instructing him to refrain from indulging in such illegal activities against you.

 

Let them take any legal action, if you are not involved in any such alleged irregularity, then you can face them bravely even in the court of law with the documentary evidences and merits in your side.

 

T Kalaiselvan
Advocate, Vellore
85087 Answers
2213 Consultations

5.0 on 5.0

Don't do anything. Just wait and watch. If they send you a legal notice do not respond. Let them file a case which i am sure they will not as they are looking for a victim so that they can get away with some fraud they have done.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

No need to pay Rs 25 lakhs 

 

you were granted relieving letter and full and final settlement was paid to you 

 

in event nay false case is filed apply for and obtain anticipatory  bail from sessions court 

Ajay Sethi
Advocate, Mumbai
94888 Answers
7570 Consultations

5.0 on 5.0

1. This is prima facie an extortion tactic to make you cough off money under the fear of criminal prosecution.

2. Before they put a false complaint against you and FIR gets registered you should file a complaint in the jurisdictional police station against the threats given to you.

3. Apply for anticipatory bail immediately if a FIR gets lodged against you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

Such black mails are usual. You may get issue a legal notice and also obtain anticipatory bail before filing FIR and also file suit for permanent injunction seeking not to interfere with your private life and career.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

No case made out. This is sought of blackmailing. Record his threats and blackmailing as an evidence.

Since the system can be manipulative, has no credibility of data. 

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

- Since, you already got reliving letter and full & final settlement from the said company, hence your relation from the same has been finalised , and further you are not responsible for any faults or acts for the period of working in that establishment. 

- Hence, the acts of that colleague is against the law and amounts to blackmailing. 

- You should lodge a complaint against that colleague for the offence of blackmailing and extortion as well. 

Mohammed Shahzad
Advocate, Delhi
13320 Answers
199 Consultations

5.0 on 5.0

1. Reply them that the data available with you may have been manipulated and allegations are complete false and baseless. 

2. Tell them that you are not going to pay a single penny and they can lodge complaint if they want.

3. You can lodge FIR for blackmailing and extortion by threatening for false cases against the person who is calling you for paying 25 lakhs.

4. Before lodging FIR try to take recording of the call of that person when he is asking you to pay Rs 25 lakhs. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

First u should know whether the case was registered, if so, know about the story of allegation and speak clearly to your advocate about the facts and can prefer a pre-arrest bail. And if the case is under the police enquiry u should cooperate with the police about the facts before it get registered .. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Just ignore the threats / black mailing tactics of your ex-colleague.

If you get any written notice from company to you you can reply to the same denying the allegations.

Further, since RL is given F&F is settled, nothing remains.

You need not pay any money muchless Rs.25 Lakhs.

If any complaint is filed / FIR registered obtain bail and contest the same.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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