cheating case

Querist : Anonymous (Querist) 02 June 2011 This query is : Resolved
A is a private ltd company entered into partnership with B on 25/75 % Ratio. B's father is a shareholder of A.s company and gave money to the company as unsecured loan on interest.dispute arose between A & B as the partner ship firm controlled by B owed money to A.suit is pending for recovery against B.In the mean time B's father wanted his unsecured money back with interest from A.A refused to give the money.suit was filed for recovery by B' father. In this suit A filed the written statement stating that the money was adjusted as his son owed them money in Partnership firm controlled by his son and nothing is due.In written statement it was also stated that the money was adjusted as B' father is partner in partnership firm-which is absolutely wrong as B' father is not a partner in that firm and the partnership deed is on record. The suit was decreed and waiting execution as A' company has gone in appeal.My question is whether criminal proceedings can be initiated against A' company as they have given false information as per their written statement and have diverted unsecured loan money of B' s father and have shown nill balance in statement of a/c.should B's father file a private complaint in court or approach the police to file FIR. please suggest the best course of action

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M/s. Y-not legal services (Expert) 02 June 2011
Whatever may be the relationship between A and B. But B.s fathers share with A mean A is responsible to return the money to the B's father while he want his money back. But A don't have any rights to adjust the money wit B's liabilities..

M/s. Y-not legal services (Expert) 02 June 2011
Yes. B's father can file civil case for recovery of his money, same time he can file a criminal case for breach of trust, and cheat..

Raj Kumar Makkad (Expert) 02 June 2011
Leading Court of public authorities towards willfully wrong side is an offence apart from fraud and breach of trust elements involved in the sequence of facts narrated in the query.

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