Legal Question in Criminal Law in India

Some irregularities were noticed by auditors during my tenure of a engg services company. I refunded the amounts to company's owner in cash and left the company.I have a stamp paper agreement from owner that all audit objections and financial irregularities have been rectified. This document does not mention the list of irregularities that were rectified. The company's records can still establish financial irregularities/fraud/breach of trust etc. Now the owner is threatening me for some favours & says that he can file criminal complaint against me on the past finacial irregularities. In the event of owner going ahead, can this stamp paper agreement be used in my defence?


Asked on 11/24/09, 3:38 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, the stamp paper is a valid defence and you can use it in case he files any criminal complaint. but before he files any criminal complaint, you may approach the civil court on the basis of stamp paper, seeking directions against the company.

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Answered on 11/24/09, 3:45 am
Shrichand Nahar S.V.Nahar, Advocate

You need to find or examine the nature of offences alleged or likely to be alleged.

Thereafter, you need to ascertain whether such offences are compoundable.

Thereafter, you need to weigh the agreement to find out whether a valid composition or compounding of offences is made out.

Apart from above, I agree with advice of Adv. Gupta that being offensive is the best defence.

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Answered on 11/24/09, 11:48 pm


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