Legal Question in Business Law in India

Sir, One of my friend was working in private sector & some times he got commission

from vendors & payment was deposit in cash in his account. Now it has come into the knowledge of company & company has also found the bank statement from his bank. But no vendor is ready to admit that they have made payment as a bribery/commission. Neither my friend has admitted with company. Although purchased material was in correct qty. & quality.

Is this offence to receive the commission or gift in cash. or What is the remedy

to save him.

Thanks


Asked on 2/05/15, 10:39 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

06.02.2015

Dear Sir / Madam,

I advice your friend to refer to all the terms and conditions mentioned in his / her Letter of Appointment read in tandem with the Company's existing vendor policies to sell goods in cash and on credit, so as to remain prepared for any eventuality and accusations levelled against your friend by the Company's action. Since the deposits are in cash, it cannot be directly ascertained and established that the vendors have bribed your friend since there is a possibility that vendors have paid the cash to your friend for supply of goods, or to make out of turn supplies of goods to them in the event of market shortage, or any other valid reason.

Regards,

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Answered on 2/05/15, 11:24 pm


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