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Legal topic: Fraud | Posted on 9 Jul 2017
I am employer. One of my employees, in Dec 2016 ~ Jan 2017 period, collected cash payments from customers towards outstanding bills, and not deposited this amount to company. Employee HT has been collecting amounts from various customers , in the past and depositing it to company. How ever during demonitisation , cash was not acceptable, and hence he was advised not to accept cash from customers. Yet he collected the money and in February 8 th, 2017, he offered his resignation. During notice period, mostly he was on field duty, and reported to office only on 3 days. Thus we realised about payment collections in late February and March. Amount is 7.8 L and it is from around 10 ~ 12 customers. One customer has offered us some documents as his signature on payment receipt. Other customers have no records to offer. Employee HT does not deny verbally about collecting money and has agreed to make payment to company, verbally. He has issued 4 cheques of approx 4L , however 2 cheques for whom the due date is passed, could not be cleaned because he kept postponing the date. We have what's app messages where he has agreed about collecting payments. We have a phone recording as well. Police complaint has been lodged but no FIR yet. Our sales are all legal . How to proceed ? We have his address,p hone number, family members contact, many documents about his identify. We also know his current location of employment, in Surat. He is resident of Dungarpur, Rajasthan. We are based in Mumbai and customers are all from Mumbai. He is in contact, never deny about payment collections, however keeps making false commitments, all verbally, Kindly advise.
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