Questions & Answers
Embezzlement from company and its legal consequences
Dear Madam,
I am S. from India.
I am working in a logistics company taking care of both Sales and Operation. Due to some unforeseen situation, I have used my customer's money which I was supposed to pay the company.
Since it is a huge amount, I couldn't repay fully to my office and started giving AED 5000 every month as the customer paying the company.
Now, our management came to know about that and suspended me. They're asking me to pay the balance full amount of AED 73,900 within 7 days, or else they will go for legal.
What should I do now and I am not in a position to repay such a huge amount. What will happen if they go legally?
Dear Questioner,
Thanks for writing to me.
From the above description, I understand that you have misappropriated the funds of your employer. Please note that it is better to draw a settlement with your employer.
Article 404 of the Penal Code classifies embezzlement under the category of breach of trust crimes. A breach of trust occurs if a person:
“Embezzles, uses or dissipates money, documents or any other movable property with the intention of causing harm to its rights owners when such money or property has been handed over to that person by way of deposit, rent, pledge, loan for use or agency.
In the application of this provision, the partner in joint property, the unauthorized agent actions regarding the principal’s property, and whoever receives anything to use in a certain manner for the benefit of its owner or for the benefit of another, shall be considered as an agent.”
However, you will have a chance to present your defence before the Court. I am not sure if you have any evidence to prove the contrary. The detailed discussion is required to figure it out.
Regards,
Rajasree Ravivarma
