Legal Question in Criminal Law in India
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Your Question: A loan to be paid on instalment basis by post dated cheques was given to an employee of Rajsthan State Electricity board with an undertaking from the Rajsthan State Electricity board that if there will be any bouncing of post dated cheque, an amount equal to the cheque amount will be deducted from the salary of the borrower/employee and sent to the creditor when attested photocopy ot dishonoured cheque from the creditor will be got. Two cheques of the said employee/borrower was dishonoured and photocopy of cheques alongwith the return memo was sent to RSEB, but to surprised a letter was got from the RSEB that the undertaking was totally false and the was not issued by our department, regarding your loan you should take approprieate action at your level. Let me know whether it will primary duty of RSEB to get registered FIR against its employee for using seal etc.of the RSEB or that of creditor. Whether Creditor can take any action on behalf of the new letter against RSEB first for u/s 420 and u/s 34 IPC for misrepresenation and conspiracy and again protecting its employee by not deducting salary and getting regd FIR against its employee.
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