yes a police complaint for cheating and forgery can be lodged for the factual scenario as elaborated by you.
the deed can be declared invalid as the rights/ duties in respect to the deed has not been given effect to.
Regards
Cheque deceived
In a partnership retirement deed an amount was reached after ascertainig the accounts till date of retirement.Got signed the retirement deed such as received the amount as per cheque mentioned.The cheque was not given.It was promised to deliver the cheque after getting notary attest.After some days the existing managing partner issues legal notice so that the cheque was not delivered and not liable to deliver since the accounts were wrong.It is registered firm.He declared the notice after registering the retirement of dissolution of said deed.Is the deed is valid when non issued cheque is found in the registered document.Can be police complaint be lodged.How can the amount be recovered.please advise
Asked 8 years ago in Criminal Law
Religion: Muslim
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9 Answers
File police complaint of cheating , criminal breach of trust against the firm and other partners for non delivery of cheque mentioned in retirement deed
2) also file suit to recover amount mentioned in retirement deed
1. Yes a case of cheatng cna be lodged agaisnt he signging partners.
2.If the firm is not dissolved as yet then file a suit for dissolution and then for rendition of accounts.
3.In the suit seek injunction also so the trade name of the firm can no more be used.
4.Do note if FIR is registered then there is bright possibility of settlement.
5. Inform The bank also so the account is freezed.
This is purely a civil dispute and no criminal action in this matter is sustainable.
For recovering the amount which you are due to receive, send a legal notice for recovery.
If the notice fails to help, file a summary suit under order 37 CPC for recovery of all of your dues.
When the cheque was not delivered and got signed as received and registered.The accounts were mentioned in the deed.Now ignored the deed and said the cheque would be deliver since the account were wrong. All happen after registration . Please comment.
Asked 8 years ago
Issue legal notice to handover the cheque for amount mentioned in registered retirement deed
2) if firm refuses to pay sue the firm to recover cheque amount
Send a legal notice, pointing out all your grievances. Seek redressal through this notice. Take recourse to a legal proceeding, only incase the legal notice fails to help.
Register a police complaint us/ 420,120A of IPC.
The retiring partner can protest and refuse to sign the retirement deed, if already signed then he may issue a legal demand notice to the company about this and then file a money recovery suit.
Police complaint in this regard will not be maintainable.
When the cheque was not delivered and got signed as received and registered.The accounts were mentioned in the deed.Now ignored the deed and said the cheque would be deliver since the account were wrong. All happen after registration . Please comment.
Send the legal demand notice for the cheque amount either by case or by a DD.
If there is no response or the employee is still maintaining the hostile attitude then legal action may be taken as per law.