Legal Question in Criminal Law in India

Criminal Case

I and my partner opened up a partnership firm that dealt in work contracts. We carried on a particular job with NMDC. On one particular occasion,we had to go for arbitration and finally were awarded Rs.4Lakhs. My partner insisted to share the complete amount among ourselves and not pay our suppliers. Our bank account was jointly operated. i had no other option but to open another bank account stating myself as a sole proprietor. I withdrew Rs.2.5L and distributed among all my creditors. All the payments were made by cheque. I have all the documents with me. My partner filed a private complaint at the criminal courts and i was arrested. i was subsequently released on bail and i appealed at the high court for a stay on the proceedings. I was accepted and the same was held for almost 4 years. Finally now the case is referred back and the proceedings have started. I would like to know the consequences of the case and how do i defend my self.


Asked on 6/28/07, 1:14 pm

6 Answers from Attorneys
mrugank patnaik msnp

Re: Criminal Case

depends upon case detail.consult with lawyer with all detail,document.

Read more
Answered on 6/29/07, 1:17 pm

Re: Criminal Case

Details are missing.Court file is also required to be examined.So if you wish to seek my advise then contact me with all documents and other details.

Read more
Answered on 6/28/07, 1:28 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Criminal Case

you committed a blunder by opening an account as a sole proprietor. anyways u may take a defence that you opened the a/c to saveguard urself from the creditors but it would not hold much water. i would like to see the FIR before i comment further.

Read more
Answered on 7/02/07, 3:22 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Criminal Case

You did not specify the offences with which you are charged. Prima facie it appears that your complicity in offences like forgery, breach of trust, misappropriation etc. can be established reasonably. However, if you could prove that your partner was a party to the same, then he will also face the same consequences.

Read more
Answered on 7/01/07, 2:24 am
Lawbird in Delhi Taneja Law Office

Re: Criminal Case

Your lawyer seems to have handled your case well as of now. Why do you wish to disturb the arrangement?

Read more
Answered on 6/28/07, 8:26 pm
G. M. Gupta gmguptaandassociates

Re: Criminal Case

details are not sufficient to reply

for further and detailed advice its contact me along with documents. Consultation charges will apply.

Read more
Answered on 7/01/07, 6:58 am


Related Questions & Answers

More Criminal Law questions and answers in India