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Harish Singh (Business )     27 July 2018

Quashing of fir

Hi I have been having a business dispute with one family and they keep filing FIRs against me most of which have been given a final report and is under protest. Now a new FIR has been filed for a company where I am a director along with 3 other directors. Total there are 14 shareholders and 4 directors. Represented by 4 families. Now for this company a FIR has been lodged where it says that directors have done a misappropriation of funds and filed a criminal proceedings on behalf of they holding a 18 percent equity. Their allegation is that we sold a plot of land to a builder for X amount whereas this plot of land was of Y amount and they have given their approvals on blank paper also their resignations. Now there are 3 complainants to this all from same family. Now actual facts before this FIR. I have been having a business dispute with them for past 3 years in which 2 of the 3 complainants have tried to frame me for various allegations which were all unfounded. Now for the same company one of the complainants had lodged a similar FIR in 2016 which he had alleged just me of misappropriation of funds and did not take other directors name this FIR was closed with a FR report and he had put a protest in court. However as dispute was with me our other partners tried to solve the issue to which he agreed and all 14 partners signed a paper saying our dispute is resolved this was post the FR report. Now in 2018 again he raised dispute for the plot which we have already sold to the other party. He sent us a notice saying he wants to inspect the books of account to which we agreed and a time was mentioned and we had also stated that they have already submitted their resignations to us however still we will show them the books of accounts. We reached the office on the given time but these 3 complainants didn't turn up to which we replied stating these guys didn't turn up. Then they went to ROC whereby they made a few false allegations against us. To this we replied to ROC and also reminded them since they are raising dispute we have an arbitration clause in our company and we asked to invoke that and suggested a name of arbitrator to which they didn't agree however they invoked the arbitration clause and gave us a name for the arbitrator to which we agreed. However to our shock they instead of moving to arbitration moved to police and lodged an FIR alleging that they had given blank documents with which we have filed their resignation. Also one agreement which was signed by all partners we found out one signature was missing of the complainant due to oversight 13 out of 14 signed but resignation for that partner was there tendered by himself and can be easily proved was not on a blank paper. Now as far as police goes they know that I have been having dispute with them for past 3 years and they have registered the case in the same station where an earlier FR was filed but this time under some influence or money they are a bit adamant in the sense I was not informed of the FIR which has been over a month old. A notice was given to me at 9:48pm to be present at 10 am at the station. Still an FIR copy has not been given to me. All their statements were already recorded. They were also trying to threaten. Now my question is can i go for quashing of this FIR along with other directors? looking at earlier FR report which clearly mentions a civil dispute and this is another civil dispute as we had both agreed for arbitration and this FIR was an after thought. Also they behaviour shows that they have issue with only me and r not bothering the other 3 directors since I was at dispute with them which also shows their malaise intention. Pls advice.


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 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     27 July 2018

Hello,

Please post your query point wise if possible.

For any help you reach to me at Mb/Whatsup 9456777600 or Djaa.legal@gmail.com

Dr J C Vashista (Advocate)     28 July 2018

Too long a story, no time.

Consult a local lawyer.


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