You can file a criminal case under cheating , criminal beach of trust .. Register a police complaint or file a complaint directly in court.. You can also seek damage from court
Breach of trust
My partner in a pvt ltd company started another company with similar business with other guy in violation to articles of association. Also he tried to pass our product as their's and I have the related emails in this regard. Can I file a criminal case of him for cheating me. Thanks
Asked 8 years ago in Criminal Law
Religion: Hindu
7 Answers
1. Well, he must be Director In the company and not the partner.
2. So if he is so then you can pass majority board resolution to remove ihm.
3.however no criminal cases lies for this .
4.Talk to other Directories Into confidence to remove him from the board .
Your partner has committed breach of contract
2) you can sue him for damages for breach of contract
3) you can file police complaint of cheating , criminal breach of trust against your partner
Hi
Yes. You can file a case comprising of following sections of Indian Penal Code
a) Section 403 of IPC-Dishonest misappropriation of property
b) Section 406 of IPC- Criminal Breach of Trust and
c) Section 420 of IPC-Cheating r/w sec 25 of Cr.P.C(Fraud).
In addition to the above mentioned criminal case, you can also file a case of Oppression and Mismanagement u/s section 241 of Companies act and have the partner removed from the company as the partner
Hope this information is useful.
1. To remedy this you may file a suit for permanent injunction against your partner to restrain him from continuing the business he has commenced and also seek damages for breach of trust.
2. Furthermore, as he tried to pass off your product as his you may file a criminal case for cheating and breach of trust under sections 406 and 420 IPC.
If his activities are violating the conditions of articles of association you can issue notice for dissolution of partnership firm and recovery action may be initiated if there was any fraudulent transaction besides lodging a criminal complaint with police.
Yes you can file a criminal case also you can give a written complaint to the registrar of societies.
Regards
