the person who has received the  notice u/s 41A should immediately go for an arrest stay in the high court or take anticipatory bail and then visit the police station and tell his side of the story to the police.

If your friend has been served with a notice by police,  he may have to report to police and cooperate with them for investigation. 

He may first obtain anticipatory bail and then attend the police station for inquiry and investigation. 

He should not refrain from attending the police station or else the police may arrest him. 

Tell him not to appear. First take anticipatory bail and then appear. Reply through a lawyer only. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

1. one of the options available to your friend is to join the police proceedings/investigation by appearing before the concerned PS, however, he may be arrested by the police, or,

2. he can apply for anticipatory bail on the basis of 41A notice by police,

2nd option is suggested,

He should appear before police station have his statement recorded 

that he is no longer an employee of company that he worked only for 3 months wi5 company and has not committed any offence 

Dear Querist

When the police officer issue the notice under section 41A of Cr.P.C. then it will be better to appear before him and try to explain each and every thing if your friend is not done anything wrong with the innocent people then he should not worry, but if he has participated in the crime then he should file anticipatory bail application under section 438 of CrPC before session court or high court and after getting bail he should appear before the IO.

Feel free to call

For any fraud committed by registered company, ceo is liable. As of now not details are furnished as to how the fraud/cheating is alleged to have committed. If the transaction complained of is during his tenure as ceo he has to fight the charges on merit. Section 41A is seeking presence of accused before io for investigation. It is required to present himself and cooperate with investigation. If any apprehension of arrest is there he should obtain anticipatory bail but only threat of arrest is imminent.  

Hi, It is better you can apply for the anticipatory bail and then he can go to the Police Station. There is no need to reply for the Notice issued under Section 41-A Cr.p.c.

your friend must reveal all material facts to the police and co-operate with them for the ongoing investigation

there is no harm even in appearing before the police and explaining them what all happened and under what circumstances he left the company 

Dear sir,

Kindly approach the police station and a lawyer, get all the necessary details of the case and file a petition before the High Court for quashing of FIR.

Thank you

The best defence for the 41A notice would be to appear before the Investigating Authority and clear the clouds of non- involvement of your friend in the activity of the company because if your friend doesn’t clear his stance to the I.O., then he’d come under suspicion. 
Therefore, suggest your friend to approach the IO with all the relevant evidences and make it aware about all incidents of his non-involvement.

Regards,

Hey,

It is advisable that your friend first gets an anticipatory bail and other than attends the investigation procedure whenever necessitated and also co-operate with the procedure whenever required. 

- Since he was working as CEO , then for the fraud of the company he may be considered as a necessary party in the compliant filed by the public . 

- However, as police issued notice 41A to appear and explain the case before the I.O. of the case, then your friend should appear before him for informing the actual facts 

- Further , he can send of file a written reply as well , if he apprehends that police may arrest in the case 

- Further, he can also take anticipatory bail from the session court