Legal Question in Criminal Law in India

This is a matter of money. Three Years back One employee has given the security amount of Rs. 1,00,000/- for having 5 months on-job training and then working 2 years in my company. According to the agreement I have to refund the money of 84,500/-. after 2 years. But due to huge loss in company, we had stopped the execution of our company. And asked that person that we will refund the money as soon as possible. after the gap of around 8 months, again I have started the business and given the joining to that employee. Also I told him that i will refund the amount as soon as i get. on 10th january 2011, I had given him 40,000. only 2 months have passed, on 12th january I have received the call from his brother in law who has political links in U.P.. He demanded the amount of Rs. 44,500/- within 1 week and also threatened me to kidnap and kill..His brother in law "sala" is still working in my office and he knows my address and each and every movement during the day. I have informed the Police Station as I have no intention to forfeit his amount as I have already paid 50% 2months back, and still paying the salary to his brother in law. Police officer called that person over the phone and asked him why he is doing all such things. He defends himself to the Police Officer. I have asked them to lodge the FIR under IPC section 506 but Police Officer advised me that he is just doing the threatening but in reality he will not come. There is no need to lodge the FIR. Even I also thought that there is no use to extend the case, it just waist my time.

But today from some of my sources, i came to know that;that person is planning to approach Police as well as court to file the case against me under Section 420 after saying that I am not in contact and I have escaped. But the reality is still that employee;his brother in law is working in my office. Means I am not at all run away. I have no intention to forfeit the amount as already I have paid 50% 2 months back.

He is also planning to file FIR under 420 Section, and with the help of that FIR copy he is going to publishing house to publish the news of "escaped" in the newspaper against me.

Now i would like to the procedure so that he cannot approach the PS to file false complaint/FIR.He might go to court to file the case. Is there any use of sending informatory petition fo the same to the Police Station and other authorities. PLease do the needful as soon as possible


Asked on 3/15/11, 9:11 am

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may contact a lawyer and he would file an appropriate criminal complaint on your behalf under offences of criminal intimidation and extortion.

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Answered on 3/15/11, 11:06 pm


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