• Fraud bank account

I had a unregistred partnership firm naming Gokul Shopping with PAN card of the firm in Category of ""FIRM"".
had also filled returns using the pan card in past.

My manager Deepak Singh but somehow have managed to open a bank account in name of Gokul Shopping and have declared himself as a proprietor . and collects the rent cheque and deposits in this account. around 30 lakhs have been deposited through this , i was not aware as my father was looking at the business.

when i was checking the TDS statement of my firms pan card, tds is deducted on my firm's name but the amount has been deposited in the account opened by Deepak Singh.

My question is what should be my line of action . i have tds certificates with me.
Asked 4 years ago in Criminal Law
Religion: Hindu

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11 Answers

Hello,

File a FIR against the person for cheating, criminal breach of trust and fraud at the earliest before he runs away.

Write and complaint and give the same to the police along with the TDS certificate.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Cheating in India (section 415 of IPC)

Fraudulent execution of deed of transfer containing false statement of consideration. (Section 423)

This is a variety of fraudulent execution which deals with-

False recital as to consideration and

False recital as to the name of beneficiary

In legal terminology, “Whoever dishonestly or fraudulently signs,executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge, any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both”. Punishment is imprisonment upto 2 years with or without fine and it is a bailable offence.

So, you have major proof in your hand plus you can have stay on that account and get locked that amount.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Client,

This is clear case of cheating and Criminal breach of trust. File criminal complain u/s 420, 408, 467, 468 & 471 of IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir file a FIR for cheating,fraud forgery breach of trust further issue a notice to bank for illegally opening bank account asking them to freeze same. With order of court you can claim ownership on that amount and can take same,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) file police complaint of cheating , criminal breach of trust against manager under section 406, 420 of IPC

2) request bank to freeze account opened by manager

3) take legal proceedings to recover your Rs 30 lakhs with interest

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

You should lodge FIR immediately U/s 420 468 at your jurisdiction police station.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Immediately you have to file a case of [deleted] of IPC against Pankaj Singh and by making the party to the bank, as without the authorisation of the partner for it's PAN card cannot be used and he cannot be made signatury as he is not the partner of the firm.

You have to file FIR against against the bank and him and if police do not register the FIR then you can register your FIR under section 156 (3)of CRPC in the criminal court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

If the TDs is deducted from your income you need to claim if applicable. Assign a good ca for the same. It has become slightly complex.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

The first thing you should do is to file a complaint against your ex employee in the police station in your area for the offence of criminal breach of Trust cheating and forgery under section 406, 420, 467, 468 and 471 of the Indian Penal Code.

If police refuse to register FIR against hin, you can file a petition under section 156 3 CRPC to the magistrate in order to get a FIR registered and investigation ordered against him.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

This is my response to you:

1. Since you have an unregistered firm, that creates a problem for you, as per law it should have been registered;

2. But you can send a legal notice to this Deepak Singh;

3. You can also make a formal complaint to the Registrar about the illegal firm;

4. You can approach the police and file an FIR u/s 417, 419, 471 (if applicable);

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

This appears to be a case of misappropriation.

Did you enquire the manager about this, what was his reply.

If you find something suspicious, you can lodge a criminal complaint against with the police him besides terminating his services and also issue legal notice demanding the return of misappropriated amount.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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