• Cheated by Director of a company

Hello,
i am Dania i am a foreign national, i came to India for business purpose,than i opened a Private Limited company with the help of 1 Indian Director and i am the 2nd Director in company,we appointed him in September 2018, After that from December 2018 our business started to work and some funding started to accumulate in our Current account of company after successful sales, but suddenly on 13th March 2019 Indian Director send his resignation on email,and after that he transferred a big amount from Company's Account to his personal account without informing me after that he is neither taking my calls and not coming to office,He just hiding himself somewhere, Now i have to pay Gst and other liabilities but cant find him, i wrote several mails to him but no answer. and now my Visa is getting over i have to go back. Please suggest me what to do, how i can take money from him and pay taxes ?? 
i also want to know his 1 email is enough to set him free from company liabilities ??
Asked 6 years ago in Criminal Law
Religion: Other

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9 Answers

You should file a police complaint against him for the offence of cheating, fraud and criminal breach of trust under the provisions of section 406, 415 and 420 of Indian penal code.

If police refuse to register FIR complaint has to be given to the senior officials of police under the provisions of section 154 (3) CRPC.

However, if they also fail to register a complaint, you can file a complaint with the magistrate under section 156 (3) of the CRPC to get a FIR registered and investigation ordered against the offending party.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Fine police complaint against director for cheating, criminal breach of trust for having siphoned of company money to his personal account 

 

issue him legal notice to refund misappropriated by him 

 

3) also sue the director to recover money misappropriated by him 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

You need to file criminal Complaint for cheating in the same. You can file a complaint to company law board if he is director in other companies. You can also file civil suit for the same

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

1) Do you have any identity of him that can be traced in the country.

 

2) You/Company can make the complaints against him the police station and file forgery case under CrPC Act. And done fraud in the company.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

File a complaint against Indian director u/s 420 and breach of contract and also file a recovery suit against him. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See you can on behalf of the company file a case of cheating , fraud and breach of trust against him with police on registration of FIR the police shall arrest him. 

For director resignation it is needed to be approved ROC intimation is required, His resignation is not proper.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

Better file criminal complaint against the director u/s 420 and 406 IPC . Also complain to Serious fraud investigation office or complain to registrar so he can forward the complain to SFI team.

NO, director who has resigned shall be liable even after his resignation for the offenses which occurred during his tenure and duty upon the Director Resigning, to File Form DIR- 11.

A director shall also forward a Copy of His Resignation Along With Detailed Reasons for the resignation to the Registrar within 30 (Thirty) days of resignation through filing of Form DIR.11 under his Digital Signature.

Punishment for fraud also notable under companies act.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

You  first lodge a criminal complaint against the partner for misappropriation and embezzlement of company's funds and also for forgery, breach of trust and many more criminal offences.

The police will trace him out after which you can deal with him as per law.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Send a legal notice to him and file a FIR against him for cheating and fraud. 

transferring fund to private account is illegal and is a fraud 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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