Cheque issued by Directors from partnership firm
Guest
(Querist) 30 April 2017
This query is : Resolved
Sir need your help we are many people stuck in legal battle with a fraudulent person who was well versed in law and is we are all fighting legal battle against him but loosing.
Mr Amit sarup ans Mr pradeep sachdeva posed as partners of a company M/s Pritika fashions and gave me a franchise for my store in indirapuram, i was to be paid 35% commission in sales and had the right to take out my profit from the store. It was clearly mentioned that brand PRITIKA is registered brand of this company and only this company has rights to open any new store of PRITIKA.
Soon after they approached me for a store in Rajori garden of Pritika, and took 26 lacs from me and wrote on the cheque that "taking this money for store of Pritika", the money was taken this time in account of new company with same name as PRITIKA FASHIONS pvt ltd(in which they r Directors), and we were told that they have converted pritika fashions a partnership firm into pvt ltd company.
After taking money he started asking for more money, And also showed an article in popular business magazine which had ad of PRITIKA FASHIONS pvt ltd using logo of PRITIKA FASHIONS and also his interview with same logo(thus making both appear as the same company).
Under pressure i gave 4 lacs more, and then he provided an MOU with PRITIKA FASHIONS pvt ltd for a store in kamla nagar instead of Rajori garden. Money was taken as REFUNDABLE SECURITY DEPOSIT and was taken in the name of company(Directors signing so treated as agents of company).
Anyways cut the long story short, didn't give any returns and than closed the store and meanwhile transferred all property in wife's name.
I filed FIR and on the basis of FIR it was found REFUNDABLE SECURITY DEPOSIT has gone into another partnership firm of his and his wife, and into his personal account, also he has also transferred all properties in the name of his wife.
I also filed a civil fraud on him and his wife and partner(after he had transferred all in his wife's name around 3cr worth properties).
Now he is saying wife had nothing to do with the case and was only a vendor.
Problem is he has kept nothing in his name.
I also have a mail forwarded by him to me from that company, which is a mail sent to both him and his wife, the mail was of sales record of my first outlet. (I.e internal mail of sales record showing showroom was run by both of them).
If he looses case and claims bankruptcy, can i challenge the transfer of property after agreement but before case filed, in the name of his wife by him, who is also a beneficiary of REFUNDABLE SECURITY DEPOSIT transfer, and was also running store 1. Company has long been shut and no scope of recovery from company.
Dr J C Vashista
(Expert) 01 May 2017
Be precise if you are interested in obtaining some advise from experts on this platform, no time to go through, form an opinion and advise such a long story.
Guest
(Expert) 01 May 2017
Better Consult A Local Good Criminal Side Senior Advocate with all details.
Guest
(Expert) 01 May 2017
Mr. Ansh Sharma,
I wonder if you have preferred to take the case in very casual way when your case is a complicated one attracting the provisions of criminal law and the amount involved seemed to be 30+ lakhs.
You may better get regular advice after getting your case related documents examined in detail by some expert.
krishna mohan
(Expert) 03 May 2017
Considering the quantum of money involved you may avail services of a legal expert without wasting any time. It looks you have given a open cheque without mentioning the company name and corssed a/c payee cheque. You can seek details from the Bank under RTI on details of ownership and MoA as submitted to the bank to base your case legally strong rather than based on your assumptions.
Guest
(Expert) 03 May 2017
Agree with Experts
Guest
(Expert) 04 May 2017
Rajendra ji,
Thanks for agreeing with me.
Guest
(Querist) 16 May 2017
Sry sir for having posted long query.
I had already taken action by Filing an FIR so not taking it lightly.
Also have filed a civil suit of fraud against all 3 of them.
What i want to ask is-
If the Director Mr amit sarup loses on account of fraud, and i get a decree against him from civil court, can he escape paying if he has already transferred all properties to his wife's name(or sold thereafter).
Transfer has been done before i filed the civil case of fraud, but after i gave the money to the company.
Guest
(Querist) 16 May 2017
Sry sir for having posted long query.
I had already taken action by Filing an FIR so not taking it lightly.
Also have filed a civil suit of fraud against all 3 of them.
Also gone to eow.
What i want to ask is-
If the Director Mr amit sarup loses on account of fraud, and i get a decree against him from civil court, can he escape paying if he has already transferred all properties to his wife's name(or sold thereafter).
Transfer has been done before i filed the civil case of fraud, but after i gave the money to the company.
Guest
(Expert) 16 May 2017
Consult A Local Good Senior Advocate and Seek the Possibilities Of Obtaining A Stay for the Assets and Properties Transferred with Criminal Intention of Cheating and you could also seek the possibilities of Freezing their Bank account till the Completion of Case.Earlier would be better.
Guest
(Expert) 16 May 2017
Mr. Ansh Sharma,
You are asking hypothetical questions, as if the experts here are astrolgers and can make prediction that too without going through the case related documents. Nobody can guess the outcome of your case, as that all depends upon how effectively the case is presented or defended by any of the side.
Chances can be 50:50. The amount being involved is as good as Rs.30+ Lakhs, you can expect forceful defence against your trial. That is why, I hinted that you are taking the event in a very casual manner.
Better wait for the outcome of your case or get your papers examined by some expert. No prediction or purposeful guess can be made without deep examination of case related documents.
