Legal Question in Criminal Law in India

I, Prem Ranjan Kumar Chaurasia, S/o Sri

Ashok Kumar Chaurasia, Village & Post

Sirsia Bazar, Via - Parihar, Dist - Sitamarhi,

State - Bihar, PIN Code - 843324, an Indian

resident stated the followings in and

against my physical & mental harassment

done by the promoters of Greenearth

Resources and Projects Limited. Their

names are -

a). Mr. Rishi Raj Agarwal S/o Sri Ratanlal

Tamakuwala and

b). Mr. Ratanlal Tamakuwala S/o Sri Brijlal

Tamakuwala.

1). That my appointment was in his

flagship company Gremach Infrastructure

Equipments and Projects Limited on 18 July

2008 as a Mining Engineer.

2). That at the time of joining his company

it has been decided mutually that I will

able to get collect -

a). Rs. 15000 per month in hand,

b). Rs. 10000 per month as incentive but

payable after 12 months completion,

c). Rs. 5000 per month as Retention money

but payable after 12 months completion.

3). That my salary & Retention money has

been increased by Rs. 10000 & Rs. 5000

per month verbally by Mr. Rishi Raj

Agarwal in month of February 2009 but

there was a deduction reported into my

incentive by Rs. 5000 per month.

4). After one month salary payment there

was a global financial crisis and it resulted

Rs. 5000 cut off my existing salary from

Rs. 25000 per month. And then

continuously it was Rs.20000 per month

till January 2010.

5). That in month of February 2010, It has

been informed me once again that my

salary become Rs. 35000 per month in

hand from February 2010 onwards. I have

receipt this salary for Month of February

2010.

6). That Even after completion of my 20

months I never receipt my Retention and

Incentives so far.

7). That I have been politely asked for my

Identifications details in the month of

September 2009 by the Rishi Raj Agarwal.

And I have given the details.

8). That thease details were used to make

my DIN and DSC by the company to

pressurising me that if not agree then

there is no my need to stay in the

company.

9). That anyway my DIN approval has come

to the company email id

[email protected] with approval date

on 29/10/2009. A photo copy of that

approval has been handed over to me by

the company secretory.

10). That there is a name appeared in

Director's Report on dated 28/11/2009 for

my appointment as additional director.

11). That I have been forcefully appointed

on the post of Executive Director of Austral

Coke & Projects Limited in Company's

Annual General Meeting (AGM) held on

26/12/2010 in O2 Hotel, Kolkata.

12). That when I knew the seriousness of

this post then I decided to quit from

company at any cost & placed my

resignation from all the seven company's

directorships and was ready to go out

from the company.

13). That Mr. Rishi Raj Agarwal has

convinced me that these resignation will

be accepted but I have to continue with

my Mining Engineer Post. I aggrred.

14). That I had been sent to Indonesia very

next day and here in India they were using

my name as Executive Director of Austral

Coke & Projects Limited.

15). That I had been try my best to

convince Mr. Rishi Raj Agarwal that please

remove my name from Directorships, I am

not suitable for this post, but not removed

my name then I left the company from

Indonesia on 14th March 2010 by handing

over the responsibilities to the other co-

employee Mr. Mora Admiral.

16). That I never got a single paisa for my

Directorships. Nither any compansations

paid to me ever my name has been used

for nor my Retention Money and Incentives

amount too. Please make a compansation

in this regard.

17). That I informed to Mr. Rishi Raj

Agarwal for my company leaving event

from my home after reaching India on

17/03/2010.

18). That after my confirmation he arrived

Patna on 18th March and called me to

meet him for the alegations he is charging

against me for that I was not responsible.

So my father along with me went to him

on 18th March 2010 evening by a vehicle

arranged through his relatives & friends

circle near to my home village.

19). That he was blaiming me to transfer

0.5 million USD from his company account

in HSBC Jakarta to my personal account in

ICICI Bank Mumbai by a forge signature for

his father Mr. Ratanlal Tamakuwala.

20). That its quite impossible to make

anybody's signature for transfer any

amount worldwide. There is the signature

tally machines must be used to make such

a big money transfers by the bank.

21). That I have tried to find out that facts

by phone to HSBC representatives there in

Jakarta and he has told me to talk with Mr.

Ratanlal Tamakuwala immidiately and then

I did so. Also ICICI bank representative has

come to me at my home in April 2010, the

date I don't remenber, and I have

submitted him a written consent that I

don't know about this money and also I

don't need this money when he asked me

that such a big money is waiting your

account to be credited with. Then those

money have been returned back to the

origin bank account in Jakarta.

22). When we reached at Patna on

18/03/2010, Mr. Rishi Raj Agarwal and

some of his friends taken my email

passwords and changed these to keep with

them. But after two months back I become

succeeded to got back them through

password recovery system with the help of

an expert.

23). That Mr. Rishi Raj Agarwal has asked

my father that he need not to go to

Mumbai but my father was not willing to

leave me alone and we all reached at

Mumbai on 19/03/2010 by Indigo Air.

24). After Reaching at Mumbai he captured

our everythings including mobile phone,

bank ATM Cards, purse, money, personal

diary etc. And has received lot of mine and

my father's signatures and thumb

impressions on blank lagal papers with one

of the full copy in my writing of a letter

printed earlier and received my signatures

on that letter too on the Gun-Point. Also he

captured my Passport No. H 0369196 from

my home with the help of his friend circle.

Mr. Rishi Raj Agarwal was telling him

Ladooji on Phone call. Mr. Rishi did a phone

to my mother to hand over my passport to

that Ladooji on my behalf. Then Ladooji

receved my passport from my home on

19/03/2010.

25).That forcefully closed my ICICI bank

account at Lokahandwala branch in

Mumbai on 19/03/2010 by representing

me forcefully to the bank office along with

Mr. Rishi Raj Agarwal and his 10-12

company emplyees in and arround the

bank office.

26). That I have to talk him regularly on his

private number to ensure him that I am

not doing anything against him. Then only

he will return my things those all had been

captured by him.

27). That in the last week of April 2010, Mr.

Rishi Raj Agarwal has accepted my request

to return my all the things captured by him

and for that I have sent my Friend Mr.

Bindhyachal Prasad Chaurasia S/o Sri Ram

Vilas Prasad Chaurasia to receve the things

in his Office situated at Jogeswari West.

But he received all the things except my

valuable Passport & My Personal Diary. His

signatures were taken a proof there after

receiving the things.

28). That Mr. Rishi Raj Agarwal has

threatened me & my father if we will do

anything against him at any point of time

then he will kill me and my whole family.

He will depute someone to do so. I request

to the court that if there is any

mishappening against me or my family

then only Mr. Rishi Raj Agarwal and Mr.

Ratanlal Tamakuwala & their family will be

responsible for that.

29). That I need my passport and my

personal diary back to me immidiately. Or

be ready to compensate the value decided

by the court. I am loosing my other jobs

for me due to lack of my passport. I have

four dependents and there is difficulties to

run the family without having a job.

30). That from March 2010 onwards there

were many calls/sms to and fro Mr. Rishi

Raj Agarwal & me, in July last week he

threatened me that he has made Power of

Attorneys for me and my father, and if I

will do anything wrong with him then he

will sale out our properties and home. Who

is he? Why we will give him our attorneys?

We are not physically & mentally chalenged

people. Our family is not so small that we

need outsiders attorneys.

31). That if any of my signed documents if

and when had been used after 8 January

2010 and before 26/12/2009 then I will

not be resposible for that and for this Mr.

Rishi Raj Agarwal and Mr. Ratanlal

Tamakuwala will be 100% responsible to

use me and my signatures.

32). That I need to appeal to save me and

my family from Rishi Raj Agarwal and Mr.

Ratanlal Tamakuwala.

33). That there is not my name appearing

now on MCA21 site with his company and

for that I am happy. But why there is no

announcement for my resignation so far

even after two board meetings conducted

on 15 May 2010 & 14 August 2010. When

my Resignation will be announced by

Greenearth Resources & Projects Limited?

34). That on various web sites still

showing my name as Executive Director of

Greenearth Resources & Projects Limited

incuding NDTV PROFIT, MSN, REUTERS,

INDIA INFOLINE, GOOGLE FINANCE and many

more. I want to inform those sites that I

have left the company in accordance with

above stated ways.

35). That my appointment as Additional

Director showing somewhere from 30 July

2009 and somewhere from 25 August

2009. But I don't know myself too for my

appointment as Additinal Director of

Austral Coke & Projects Limited as there is

no any information by company to me yet.

Onlything I know that my DIN have been

approved on 29/10/2009. There was

announcement for my appointment as

Executive Director of Austral Coke &

Projects Limited on 26/12/2009 and then I

resigned with my signed consent on 8th

January 2010. Anybody will give their

consent for Directorship only after having

a DIN. So what should I do now sir?

1 Answer from Attorneys

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