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kavksatyanarayana (subregistrar/supdt.(retired))     27 July 2014

Filing of case or not

dear experts  my friend "A" and some others formed an Educational Society ( in AP) and A is the Treasurer of that society.  the society was registered under society registration Act in the year 1997.  later they established a college.  the matter was going comly.  And in the year 2005, "A" and the president of the Educational Society (called as "X") registered a Company and started a jute mill.  it was also going smoothly.  "A" went abroad in the year 2008 and 2009 with oral permission of the society.  A completely believed the President "X" and gave his consent to run the jute mill.

     Now  regarding Jute Mill, the "X" has shown some loss to an extent of one crore above which is not believable.  And regarding the educational society, he forged a letter said to be written by "A" as resignation of A and elected some other one as Treasurer.  But actually "A" has not resigned from the society.  mr. X forged the papers whereever necessary and filed the resolutions with the registrar office and running the society.  now "A" is only a general member in the society.      

And in the Jute mill business, mr. X  forged the signature of A and drawn some lacks of rupees.

so what shall "A" do in these circumstances.  can he file suit for the mischivous behaviour of X while running the society and Jute mill business.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     29 July 2014

He has to lodge a complaint for cheating, forgery, impersonation, fabricating documents for wrongful gains, misappropriation of funds, embezzlement, fraud and many more offences, with the local police station and if the local police are ineffective  and lethargic towards the complaint, the senior police official may be approached with a copy of he complaint, even if this not effective, you may file a private complaint u/s 156(3)before a JMFC within your jurisdiction.  This will be the solution for present and you can follow other legal actions subsequently.

kavksatyanarayana (subregistrar/supdt.(retired))     30 July 2014

thank you sir


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