Cheque Deceiving Case

 

(Querist)
30 September 2017

In a transport stage carriage passenger service partnership business one was retiring after ascertaining the account till date.The cheque particulars were mentioned and registered as received.The retiring partner was promised to issue the cheque after registration completes.The cheque was not given.The existing partners declaring a legal notice that they would not give the cheque and not liable to give as the accounts were wrong.The document consisting that the accounts were ascertained and the amount was reached the cheque was written.Criminal breach of trust,Cheating,Criminal conspiracy Case can be complained or not.The firm property like passenger bus can be suited or not by interim injunction order in a civil suit.Both criminal and civil can be filed or not to convict and recover money.please advise me suitably.


Mohamed farook (Querist)
30 September 2017

Please answer my questions

Isaac GabrielOnline (Expert)
30 September 2017

Facts are not clear to offer opinion

Mohamed farook (Querist)
30 September 2017

Sir,I was a partner in the transport company.Four persons were partners.It is registered firm.After dispute the accounts were scrutinised .The amount was finalised.Retirement deed was written with all the particulars. The payment mode was cheque.The cheque particulars were made in.I signed in as received the cheque. They promised me to deliver the cheque during registration

Mohamed farook (Querist)
30 September 2017

They cheated me. Type They issued a legal notice as the accounts were wrong.The registration was made as the cheque was given.In their notice they agreed it was not given.Really they did not give it.Is the document is valid.So many questions arise as per my previous enquiry.I hope I explained better

Mohamed farook (Querist)
30 September 2017

Please answer

P. Venu Online (Expert)
01 October 2017

Still, the posting lacks clarity.

Mohamed farook (Querist)
01 October 2017

Among the four partners I signed as retired and received the mentioned cheque.They promised me to issue the mentioned cheque.They did not give.After the retirement deed registration they issued notice as per the conspiracy I intimated .Now let me be answered



Guest (Expert)
01 October 2017

In fact, you are posting riddle after riddle, instead of giving clear facts.

Don't expect that the experts should guess about the facts by their own presumptions. If that be so, you can only get guess based mixed response with contradictory replies, which can confuse you more, rather than providing any solution to you.

If you have some real problem, must come forward with clear description about the facts. However, if unable to discuss properly in writing at this page or you don't want to share complete facts with the experts, better discuss your problem in detail with some local lawyer.

P. Venu Online (Expert)
01 October 2017

Please post simple facts devoid of adjectives and subjective opinions.

Mohamed farook (Querist)
01 October 2017

Sirs let me get apology for not able to explain you the fact in simple.
In a partnership retirement deed an amount was reached after ascertainig the accounts till date of retirement.Got signed the retirement deed such as received the amount as per cheque mentioned.The cheque was not given.It was promised to deliver the cheque after getting notary attest.After some days the existing managing partner issues legal notice so that the cheque was not delivered and not liable to deliver since the accounts were wrong.It is registered firm.He declared the notice after registering the retirement of dissolution of said deed.Is the deed is valid when non issued cheque is found in the registered document.Can be police complaint be lodged.How can the amount be recovered.please advise



Guest (Expert)
01 October 2017

Still you are mixing up the various issues without mentioning the purpose for each such issue, i.e., validity of the deed, police complaint and recovery of the amount. Better discuss, what exactly is your interest, whether recovery of the cheque or amount, as per dissolution deed, validity of the deed or you want to file a complaint to the police and for what purpose. That is necessary, so that you may get appropriate advice from the experts.

Mohamed farook (Querist)
01 October 2017

A partnership retirement deed was made .I am the retiring partner. The accounts were seen till date of retirement.The existing partners and myself signed.The account particulars cheque particulars were written in the deed as verified the accounts and the cheque was given.All the partners signed including myself .It was then registered in the absence of myself as form v was signed already. During getting my signature they promised me that they would give the cheque which was mentioned in the deed.After the registration they given a notice that the accounts were wrong and would not give the cheque. My questions are ,when non issued cheque is finding in the deed as given to me ,Is the retirement deed valid.Can I file police Case.can be the property of the firm the passenger bus be got stopped.The verified accounts by all the partners and noted all the content in ihe deed itself.Is this conspiracy to the agreement deed. Please kindly go through the facts and advise

Mohamed farook (Querist)
01 October 2017

Validity of deed questions arises because of non issued cheque is noted there .Police complaint for cheating me by fault promise and got signed in the document .Money recovery is the amount they would give as per the accounts.The cheque time lapsed.They run the business by this fraudulent deed.



Guest (Expert)
01 October 2017

Before some appropriate opinion is formed, you are required to clarify certain issues.

For example:
(1) Can you reproduce the contents of the notice, where they have committed that the cheque was not delivered? This is required, as you have made contradictory statement, as in the deed, you have duly shown to have received the cheque with amount mentioned in that.

(2) Further, have you replied the legal notice that you say to have been received by you?

(3) Still further, do you have a copy of the dissolution deed duly signed by all the partners?

Rajendra K Goyal Online (Expert)
01 October 2017

Reply the notice received through your lawyer.

Send notice for your dues as per agreement signed, if not paid file case for recovery.

You can file criminal complaint for not handing over the agreed and mentioned cheque to you after receiving the receipt of the same.

Mohamed farook (Querist)
01 October 2017

Sir (1) I reproduce their legal notice sentence as follows "The first person of you ought to have given the accounts to our client as per the agreed term but the first person of you have antithetically acted to the agreed terms of the mediators, hence our client have pulled the last payment of Rs1970000 by bank of Baroda cheque no.00006 dt 05.12.2016.More over the amount received from our clients sum of Rs1500000cash on 01.10.2016 and cheque Rs 5000000 bearing 00005 dt 05.12.2016totally sum of Rs 6500000 is liable to repay.And similarly our clients state that our client is no way liable to discharge for the amount specified earlier by cheque issued to the first person of you by our client." (2)Yes I have the copy of registered deed(3)The deed is in tamil language my reply to the notice is in tamil.I declared in my reply that the fact such as that the cheque was not received the particular cheque.There was no agreement as such they mentioned in their statement.second person is company auditor.He replied such as that the defamation suit both criminal and civil suit will be suied. Third person is commissioner of income tax.Such as the accounts were wrong.Dt of retirement deed was 10.12.16.Dt of retirement was 30.09.16 as mentioned in the deed.Also mentioned till the Dt 30.09.16 accounts were submitted and arrived the Total amount is Rs8470000.During the time of cash payment and the cheque no 00005 I gave receipt for the same.The another cheque was show to me but promised to give at the time of registration.The deed was got signed on 10.12.16 and registered in my absence on 20.12.16 After cheque Dt lapsed they issued notice on22.03.17.I came to know about the registration only after cheque lapsed.

Mohamed farook (Querist)
01 October 2017

I will be grateful to you all advisers.please help by your kind advice.

ROHIT SHARMA (Expert)
01 October 2017

1) This is an instance of cheating.
2) As your retirement from partnership was legally attended to by the Managing partner then not giving the cheque of which the facts were reduced in writing in the relieving deed and duly registered with the Registrar of Partnership Firms, then not delivering the cheque amount to you amounts to dishonestly cheating with an intent to induce you to part with legible dues is a punishable offence under section 420 of the Indian Penal Code.
2) A written criminal complaint against the Managing Partner can be lodged at the nearest police station.
ADV. ROHIT SHARMA.

Mohamed farook (Querist)
20 January 2018

ipc 120b 406 420 section filed in FIR.My question is the retirement deed can be made null and void because of these fraudulence. Please answer

Mohamed farook (Querist)
20 January 2018

ipc 120b 406 420 section filed in FIR.My question is the retirement deed can be made null and void because of these fraudulence. Please answer

Mohamed farook (Querist)
20 January 2018

ipc 120b 406 420 section filed in FIR.My question is the retirement deed can be made null and void because of these fraudulence. Please answer



Guest (Expert)
20 January 2018

Retirement deed has no relevance with the dishonour of cheque. Both matters can be dealt with separately as per the law of the land. You may better get your documents examined in detail for appropriate guidance.

Mohamed farook (Querist)
22 January 2018

The continuing partners got my signature as I got retired and got my money.One of the cheque was not even given to me which was lodged complaint .FIR was filedU/s 120b 406 420.In the retirement deed the proper consideration was not maintained .The revaluation and goodwill were not maintained as per the partnership agreement RULES for the retiring partner.The settlement should be done within 3 months,is not followed.The partnerships deed was registered.The retirement deed was also registered.Is any possiblity to file writ against registration of retirement to be null and void. Can be prayed civil court for injunction/stay order to nullify the retirement deed .The partnership act ,contract act ,registration act and criminal law may kindly be taken for advice.The amount which gave me as per account without revaluation and goodwill amount. My account balance without above said are shown and got my signature.Only part of it is given.Rerirement without proper consideration is valid?Breaching of partnership agreement and Breaching of trust in settlement may be considered.Some advisers recommend for only money recovery suit.The advisers say that the revaluation of firm asset ,goodwill amount and the cheated cheque amount can be claimed.The two of three continuing partners have no immovable asset.Insolvent partners can not run the firm.Can I pray for dissolution at this stage?.For The the last 16 months it is going.You experts please advise.

Mohamed farook (Querist)
22 January 2018

Please you experts advise me for the above litigation



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