• Partners withdrawn money and sold properties without informing directors

Dear Sir
I am a Director with 48% share in company with 2 other directors having 10-10 % share in the company along with some 3 other 10 % silent shares holders. 
We launched a project of 33 houses and my partners took 250 sq yd plots and registered while they gave me only 309 sq yd . after launched they started taking cash and amount in their owned company and personnel account without informing me. They also withdrawn more money then me that they will refund . 

After sometime we 3 partners launched another project and 3rd partner took signing authority . I invested 1 cr while 2 others invested only 20-20 which they took as advance from previous project. once project approved 2 others parners silently started taken money from investors on showing plots and doing some registered agreements without informing me. Even then both 2 partners continue pressurise me to invest more money . 

When their culpit of taking money cash and in their personal account from so many investors on showing the plots then they said this is our money and this will be our investment and you invest more and more. After that they started abusive language with me orally and on whatsapp chat which i have proof. When i refused to give more money then they told to refund my investment and get out of company then i thaught my 1 cr is in trouble better to take capital then i signed on 100 rs stamp paper that i got money .
This project was very very good and i paid and worked hard to approve . This was preplanned cheating of my partners to remove me from project. Till now i havent resigned from both companies and want to take action against them for fraud and breach of trust. 

Kindly give me guidance I should do FIR or legal procedings with them
Asked 17 days ago in Criminal Law
Religion: Muslim

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8 Answers

First you compile the data with details about all the transactions and their fraudulent activities in this regard, draft an effective legal notice through your advocate and demand your share with profits and also mention their acts of cheating, embezzlement, misappropriation etc and warn them that if they don't settle your dues properly, you would take legal action including criminal complaint through police.

If they fail to respond or comply then you can proceed legally against them through police and other options.

T Kalaiselvan
Advocate, Vellore
87716 Answers
2355 Consultations

Dear Sir,

Your case involves serious allegations of fraud, mismanagement, and breach of trust by your business partners. Based on the details provided, here is a suggested course of action:

  1. Lodge a Police Complaint (FIR):
    File an FIR under Sections 406 (Criminal Breach of Trust), 420 (Cheating), and other relevant sections of the Indian Penal Code against your partners for siphoning off funds, diverting money to personal accounts, and other fraudulent activities. Include the WhatsApp chats and any other evidence to substantiate your claims.

  2. Initiate a Civil Suit for Breach of Trust and Recovery:
    File a suit for recovery of funds and damages against your partners. You can also seek an injunction to restrain them from further dealing with company assets or executing any agreements with investors without your consent.

  3. File a Complaint with the Company Law Tribunal (NCLT):
    As a director and shareholder, approach the NCLT for relief under Sections 241 and 242 of the Companies Act, 2013, on the grounds of oppression and mismanagement. The tribunal can order an investigation, appoint an independent administrator, or provide other remedies to protect your interests.

  4. Inspect Company Records:
    You have the right to inspect the financial records, agreements, and transactions of the company. Issue a formal notice to the company requesting access to these records under Section 128 of the Companies Act.

  5. Legal Notice to Revoke the Agreement on Rs. 100 Stamp Paper:
    If the agreement stating that you "got the money" was signed under duress or fraud, it can be challenged in court. Serve a legal notice to your partners disputing the validity of this agreement and clarifying your continued role in the company.

  6. Engage a Competent Corporate Lawyer:
    Engage a lawyer experienced in corporate fraud and litigation to assist with filing the FIR, drafting legal notices, and representing you in civil and NCLT proceedings.

Time is critical in such cases. Act promptly to prevent further misuse of company funds and assets. Let me know if you need help drafting the legal notice or initiating the FIR.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
227 Answers

If it was preplanned then you can file cheating against the offender.

Prashant Nayak
Advocate, Mumbai
32874 Answers
209 Consultations

it is necessary to peruse the document, signed by you to take your principal contribution back

you should resign as a director and inform the registrar of companies about your resignation,

 

only after going to the documents, can we advise you of the course of action to be followed

Ajay Sethi
Advocate, Mumbai
97514 Answers
7882 Consultations

  1. File an FIR:

    • File under Section 406 (Criminal Breach of Trust) and Section 420 (Cheating) of IPC. Include evidence of unauthorized withdrawals, property sales, and abusive communication.

  2. Civil Suit:

    • File for fraud and recovery of money. Highlight coercion if you signed under pressure.

  3. Corporate Remedies:

    • File with NCLT for mismanagement under Section 241-242 of the Companies Act. Request an audit of accounts.

  4. Evidence:

    • Preserve all WhatsApp chats, emails, and financial records proving misconduct.

  5. Stay as Director:

    • Since you haven’t resigned, leverage your position to demand transparency and accountability.

Consult a corporate lawyer immediately and pursue both civil and criminal cases to recover your money and ensure justice. For personalized advice, consider a phone consultancy. If this helps, a review would be appreciated. Thank you! Shubham Goyal.

Shubham Goyal
Advocate, Delhi
526 Answers
1 Consultation

Lodge a FIR in this matter. Meet a local criminal lawyer and brief your case to him, and a get  a FIR drafted from him/her in India and present the same before the Police for lodging. 

Vibhanshu Srivastava
Advocate, Lucknow
9690 Answers
312 Consultations

Dear Client,
From the facts stated above, it seemsyour partners have committed fraud and breach of trust under Sections 316 (criminal breach of trust) and 318 (cheating) and other relevant provisions of BNS. You can lodge an FIR at the nearest police station against your partners for these offenses, giving full details of the evidence of misappropriation of funds, unauthorized registration of plots, and their abusive behavior. You may also, being still a director in the companies, initiate proceedings under the Companies Act, 2013, for mismanagement and oppression under Sections 241-242. One can also file a civil suit to recover your rightful share in the profits and assets of the projects. To do so, you need to collect all necessary documents, including bank records, agreements, WhatsApp messages, and proof of investments, and consult a corporate lawyer to draft a strong case. This will help protect your rights by taking prompt legal action in order to recover whatyou have lost.

Anik Miu
Advocate, Bangalore
10386 Answers
121 Consultations

You can take legal action against your partners for fraud, criminal breach of trust, and misappropriation of funds under the Indian Penal Code (IPC). File an FIR under Sections 406 (Criminal Breach of Trust) and 420 (Cheating) with evidence like WhatsApp chats, financial records, and proof of unauthorized transactions. Additionally, under company law, you can file a complaint with the National Company Law Tribunal (NCLT) for oppression and mismanagement under Sections 241-242 of the Companies Act, 2013 to protect your interests and seek recovery of misappropriated funds. As you haven't resigned, assert your director rights and request an audit of the company’s finances. Consult a lawyer to draft a strong complaint and navigate the process effectively. Would you like help drafting the FIR or initiating legal proceedings?

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

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