• Section 420

If there are three partners in a partnership firm and two of them forge signature s of the third partner to remove him from the firm in a dissolution deed and do not produce the deed to anyone/bank/registrar/sales and income tax in 2002 but in 2005 when VAT is introduced the third partner is again considered a partner as old partnership deed is given to the respective department irrespective of the third ones consent. Then in 2008 VAT number is cancelled of that very partnership firm and a new partnership firm is made in another city under same name and style of the business with the same pan number but with different partners and a new VAT number .the record is available with the VAT department.does my complaint under 156(3) of crpc will get registered.
Asked 6 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

This incident is of 2008.

how will you explain the delay that is there in lodging the FIR?

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) court will direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

case of cheating is made out against the other partners 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes the complaint can be registered u/s 156(3) crpc .

Give the evidence you have especially forging of the signature of yours is a good ground to start a case of forgery.

The  file a suit for declaration that the dissolution is null and void and without any effect . Seek injunction on second firm on its carrying out similar trade.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

dissolution deed must have been filed with registrar of Firms 

 

apply for and obtain certified copy 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes it will prima facie allowed as there is clear case of cheating and forgery. The court will grant you orders under 156(3) crpc in this matter.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,

Still matter is delayed a lot. Sec 156(3) is resorted when police do not register compliant. You can file but than enclosed sufficient documents to disclose forging of signature.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1.complaint before court under section 156(3) Crpc.


2. The Court issue notice and demand status report that there is any case related to this matter in police station or not.


3. After getting status report and if police says that there is no FIR, then the court record the statement of the complainant witness on oath and after that if the court thinks that there is a prima facia case has been made out then direct the police to register a case and complete 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Cheating case u/s 420 468 can be file against other partners. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

you can make a complaint but what about delay?

started in 2002 and last known fact is of 2008 and now its 2019, 

dear pls don't take it otherwise,

providing fair legal advice is my values

no case made out since you clarify DELAY

though, you can take a chance, no loss...........

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Complaint under section 156(3) is for seeking dirction to the concerned police to initiate proper legal action on the complaint pending before them and if necessary to register the FIR against the accused.

Have you already lodged a criminal complaint with the police in this regard?

If so, then you may proceed with the proposed petition before the judicial magistrate court.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

This is a clear cut case of cheating and other related offences, which requires proper legal action.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If there was a complaint already made to the police and the same is still pending without any action on it then you may approach judicial magistrate court with the proposed petition, let the court decide about it.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that third partner had been cheated all the time.
  2. There is no law in criminal law that with the passage of time one can’t file the criminal case.
  3. If you have given compliant to the police and didn’t receive the proper response from them then you have a good stand for filing 156 (3) before the concerned CMM.
  4. Once you file it then you can show something with what you have now in the form of some proofs, which may not be available earlier.

Rest you can contact me through Kaanoon for further legal assistance on this issue.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer