Legal Question in Criminal Law in India

Sir, we have a registered private limited company and i am the director of that company. Last year, other directors prepared my false resignation letter and registered with ROC and retired me from directorship but on that false resignation letter, my signature is original and done by me but i am hundred percent sure that they might had taken my signature on a blank paper by cheating without my knowledge and minimum seven years back because we have the dispute in company since last seven years. Now i want to know, that is it a criminal offence? Can i file a police complaint against them? If they produce the original copy of that resignation letter to verify my signature from the expert, how i can prove that inspite of my original signature, this document was written on my blank signed paper? Also suggest me the other necessary paper works to be done as per company laws when a director resigns along with other possitive and negative points. Thanks. ANIL BANSAL (PUNJAB, INDIA)


Asked on 4/05/12, 9:07 pm

3 Answers from Attorneys
Santosh Dash Legal Consultant

Hi Anilji

Nothing great is going to happen. it will be difficult for you to prove false sign (in case you are assuming you might have siged blank paper). Secondly if you won also, they can remove you under sec 284 of the companies act 1956. So it is better to leave it. Secondly if you have major shareholding, you can get yourselves appointed by nomination in any of the AGM or EGM.

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Answered on 4/05/12, 11:53 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Dash

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Answered on 4/06/12, 3:22 am
Shrichand Nahar S.V.Nahar, Advocate

You need to know that burden of proof will be on you.

If you are in a position to prove that you had sign a blank paper and given it to other directors and they have misused the same, then case of forgery and like offences may be filed.

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Answered on 4/06/12, 3:34 am


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