Legal Question in Criminal Law in India

Sir,

My brother is arrested on Sec 420. I need to explain this in detail so kindly go thru the below details.

My brother was employed in a company as Sales Manager. Within 10 days he was promoted as ZSM (Zonal Sales Manager). His role was to appoint Distributors and Super stockist. The company stopped service just after 1 month and the amount that it had collected from my brother's sales is 1Cr. All transaction has been done thru RTGS only. Agreement also was done by MD/Partner and the dealers.

After some time, few distributors started harassing my brother by visiting his home. One day almost 25 people visited home, threatened and collected his personal check for the due amount. Few of them wrote letter stating, the cheque would be returned once the company settles the amount and few have taken letter & signature from my brother stating �this check is issued for xyz person and only for security purpose�.

Always the MD was irresponsible and he gave false promise about clearing the amount or continue the service. The MD issued cheques for all distributors and apology letter. When one of the distributors deposited the cheque it bounced and later others got to know that the MD has issued stop payment.

My brother went to police station to lodge complaint but the police said, the distributors are not supposed to trouble employee and its only company�s responsibility to sort the issue. The police suggested writing a statement stating that the salary is not given for 3 months (which is true).

So, all he has is a letter stating company has not payed salary and requesting to pay salary and settle the market amount.

After this, the distributors started harassing my brother especially a group of 5 people who were common friend. They use to harass my sister-in-law and brother feared lot. My brother went o Chennai and followed almost for a month, during this time the MD hardly met for once and kept on giving false promise over phone. One day the 5 people locked him when he was planning to meet his colleague. They took him to a local goonda and threatened him to settle his amount (8 lacks) by leasing his own house (own house is in my father�s name).

After this they started calling my mom demanding to settle the amount. We have telephone conversation for this.

Now, my brother is arrested based on a complaint lodged by only one distributor. He is A3 and his colleague is A4. His MD and partner is A1 and A2.

The day my brother was arrested the 5 distributors who harassed my brother spoke to me and demanded the same, saying if we settle the amount he would help avoid other distributors and take back the complaint and I politely asked him to help nab the MD since the case already lodged. He got angry and said that he would start putting case in different stations, so even if I take bail in one station he would lodge case in other station.

He admits influence and money would be used and he can�t wait till the MD is nabbed to sort the issue.

When I showed the FIR to the advocate he said that, police have taken the statement from my brother correctly and he can get bail. I would like to admit the cops treated my brother well which was not expected by the distributors.

My fear is again a new distributor will lodge a complaint and my brother will be taken to new custody and remand him illegally. The ultimate intention of the distributors (the only 5 people not all) is to settle the amount from my brother.

How do I fight this? Is there anything I can do to pressure the police to nab the actual culprit (MD and the partner)? Also, is there any way I can request any department to direct any new complaint to the existing police station?

Kindly review and suggest me.

Thanks,

Raghu

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