Legal Question in Criminal Law in India

A family partnership firm with six partners was formed to manage lease of property generating substantial rental income. They are maintaining account in nationalized Bank in the name of the firm M/S.ABC Corporation, One partner died in 1998, while another expired in 2007. Three other partners are residing out of station, and only one partner managing entire property. He did not inform the Bank about their deaths and fraudulently opened similar named M/S.ABC Corporation with him as sole proprietor in the same Bank in the month of July 2007. In the month of August 2011 ha submitted a letter purportedly signed by all six partners forging the signature of one of the partner and also those of deceased partners long after their deaths, for closing partnership firm`s account and transferring entire balance therein to the similar named propitiatory firm account. Subsequently all rental income were credited to this new proprietary firm account. This one partner who just discovered this forgery and fraud recently and is not aware whether other two partners are party to this fraud. What criminal action can be taken against him under criminal law for 1) Forging of his signature and those of two deceased partners long after their deaths and 2) Fraudulent transfer of property of partnership firm to new sole proprietor account. Can we file a FIR against this partner with a local police station? If so under what section of Indian Criminal Law (IPC)


Asked on 2/02/12, 6:38 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

apart from the FIR u/s 406/420/468/471 IPC, a civil suit for rendition of accounts may also be filed as the recovery cannot be made solely on the basis of FIR.

Read more
Answered on 2/02/12, 6:56 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

Read more
Answered on 2/03/12, 3:01 am


Related Questions & Answers

More Criminal Law questions and answers in India