Business partner cheating
2 years ago
My parents with One of their known friend started an Auto finance business entity and was running it for some 3-4 years. There was a person who was the managing partner, handling all the day to day activities.
Last year some issue happened between us and him over some misuse of funds. During which, he took all the finance documents and kept in his other business office. Then the corona lockdown happened and we couldn’t reach him.
After relaxation, he continued the business and collected money but was not giving us our share. We asked for it but he denied and said we will never get anything from him.
We approached the local & District police stations and filed ’N' number of written, online, registered post, cmc cell complaints from Jan to May 2021 but they didn’t get any response from them as we realised in time he had someone there and bribed at right places.
During March, there was some fight between him and one of our relatives which he used, filed a complaint and made police to file a criminal FIR against that relative adding my name as I was raising complaints on behalf of my parents. We had to take AB for that FIR.
We have the original registration and agreement documents with us and also a lawyer notice which he sent after we gave the police complaint in which he is claiming that we took our share and left the business by 2018.
Here we get points from local advisors that we won’t get any solutions neither through police or court. Is there something we can do about it.
Approach Civil Court for staying further transactions.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
You file civil case for breach of the partnership agreement.
Further it seems you already filed police complaint so it was NCR ?
Use that to file private case to convert it to FIR.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can draft a legal notice with the help of an advocate and send it to that partner. State all your grievances in the legal notice and ask for showing the accounts of the firm with all updated financial statement. And you file a complaint to senior authority of the police or the officer incharge for fraud under IPC and telling the officer that your complaint was not written by the junior officer. If there is no reply of legal notice or no amicable solution is met then you can file civil suit for fraud and damages against that partner.
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Aarti Mahto
Responded 2 years ago
If the local police station has not registered your FIR, you may file an application under Section 156(3) of the CrPC before the Magistrate in the Court having competent jurisdiction, praying for directions to the Police Officer to register the FIR and investigate the cognizable offences.
Simultaneously, you may also avail of civil remedies, i.e. filing of a Suit for breach of the partnership agreement. However, in order to advise on the nature of the Suit, it is important to examine the Partnership Agreement. You may reach out to me in case of any further assistance.
Ankita Jaiswal
Responded 2 years ago
You can send him legal notice for giving your parents shares of profit he made in the name of the firm and to deliver the firms finance. You can also file complaint to SHO or other senior authority for filing case of fraud against him and add to complain about the officer not registering your complaint under CRPC. If legal notice is not answered by him than you can file a civil suit for breach of contract and partnership in the civili court.
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