Fashion designer's complaint leads to FIR against ex-employees for criminal breach of trust
Nov 09, 2024
New Delhi [India], November 9 : The Delhi Police, on the direction of a Delhi court, has registered an FIR against former employees of fashion designer Pallavi Mohan on charges of criminal breach of trust.
Mohan, known internationally for her brand "Not So Serious," filed a complaint alleging misconduct by her ex-employees.
The legal action follows allegations made by Mohan, who claims that the said individuals misappropriated resources and betrayed the trust placed in them during their employment.
While speaking to the media, Pallavi Mohan stated on October 4, that the court gave direction to Delhi Police to register FIR immediately, however, Delhi Police registered the FIR after a delay of 13 days on October 17. Even now, no meaningful investigation has been done by the Police and none of the accused has been arrested despite the finding by the Court that a field investigation is required. For unknown reasons, the Police are shielding the accused.
She added that, despite this, they have been in regular contact with the designated investigating officer and have already provided all necessary documents and information to support the case.
Mohan also informed the media that the accused individuals had previously approached the Sessions Court for a stay on the Magistrate Court's order, but they did not receive any favourable ruling.
Pallavi Mohan's complaint alleges that her former employees, Manu Uniyal and Surender Kumar, secretly accepted orders from her clients and reportedly manufactured high-end ladies' garments using the "Not So Serious" brand name, design, and materials, diverting payments to their accounts and those of their family members and associated companies, including Kalpana Uniyal and Manusmriti Ayurveda Pvt Ltd.
The complaint also includes allegations of forgery and record fabrication. The complaint further alleges that the proceeds from the illicit activities were transferred to accounts belonging to relatives. It accuses them of conspiring to defraud Pallavi Mohan and her family-owned firms, Not So Serious Trading LLP and Magnolia Martinque Clothing Pvt Ltd.
Pallavi Mohan alleged that, despite her initial complaint to the Delhi Police, no FIR was registered. Consequently, she filed a petition under Section 156(3) of the Criminal Procedure Code through her Advocates, Sumit Gehlot and Nikhil Bhalla of Fidelegal Advocates & Solicitors, requesting the court to direct the police to register an FIR in the matter.
On October 4, Judge Akshay Sharma of Saket Court noted in his order that the accused, as permanent employees of Pallavi Mohan, had begun a parallel business during their employment and a field investigation is required in the matter.
They allegedly designed and manufactured garments under the same label as the complainant and sold these products to her clients. The court observed that the police inquiry, along with bank statements of the accused and the complainant's vendors, supported Pallavi Mohan's claims, Sharma noted in his order.
As a result, the court determined that a cognizable offence of criminal breach of trust by a servant, punishable under Section 408 of the IPC, had been committed. The court directed to the concerned SHO to register an FIR against the accused. Mohan is represented by Advocates Sumit Gehlot and Nikhil Bhalla from Fidelegal Advocates & Solicitors, he noted in the order.