Business Partner cheated
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.
You have to file a suit for accounts settlement. Further file private complaint against him. Normally, accounts will be settled of business partnership in the Civil Court but it will take years together. Better take your case to mediation/lok adalath and settle the matter.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Generally, a criminal suit will be filed under Sec 420 of IPC, if the partner commits cheating, or acted dishonestly and also under Sec 406 of IPC for criminal breach and also a civil suit for recovery of money and will be arrested and penalized under the respective section.
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If the partner found the other partner is cheating, he may dissolve the firm. First, he should send the notice to the partner of his willingness to dissolve the firm. The court may order for the dissolution under Section 44 of Indian Partnership Act.
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If the partnership firm was registered then your parents can file a civil case as a partner fro breaching the terms of partnership agreement too and bring him to the books.