What line of legal action we can take
A salesman of our unit has collected cash against receivables from our customers but have not deposited the cash to our accounts; He since is untraceable for last 1 month and has switched off his phone ; and out of town; what can we do now ?
Asked 6 months ago in Criminal Law from Durgapur, West Bengal
Well, the case seems to be of cheating and fraud.
Since economic offence has occurred you have no option but to seek legal help.
Do lodge a complaint with local Durgapur PS. and ask the police to register the FIR.
If the police does not do so then file petition u/s 156(3) crpc.
Filing writ petition in high court is another option against police inaction.
1) file police complaint against salesman for criminal breach of trust and cheating under section 406 read with section 420 of IPC
He is liable to be prosecuted for cheating and criminal breach of trust, both offences carry imprisonment up to 2 years, but he has to be arrested and produced in the court. If you have lodged the FIR then apply to the court to issue a NBW against him.
file an FIR under section 403/406 IPC against him immediately. you should give his last known address which he had given in course of employment. police will search him and mount pressure on him by issuing warrant and attachment order from the court,
You have to lodge a criminal complaint agaisnt him with the local police for misappropriation of amount, cheating and other relevant offences.