Criminal Complaint u/s 420.
Querist :
Anonymous
(Querist) 27 March 2011
This query is : Resolved
'A' IS DIRECTOR AND ONLY SIGNATORY OF COMPANY BANK ACCOUNT, SIGNS A CHEQUE WHICH IS FILLED UP BY DIRECTOR 'B'. CHEQUE IS GIVEN TO 'C' FOR SUPPLYING GOODS TO COMPANY. 'C' DOES NOT SUPPLY GOODS.
COMPANY FILES CRIMINAL COMPLAINT U/S 420 AGAINST 'C' AND MAKES 'B' AS PARTY FOR JOINING HANDS WITH 'C' TO MISAPPROPRIATE THE CHEQUE AMOUNT.
COMPANY AND 'C' ENTER INTO COMPROMISE AND 'C' RETURNS THE CHEQUE AMOUNT TO COMPANY AND COMPANY WITHDRAWS COMPLAINT AGAINST 'C'
WHAT ACTION SHOULD BE TAKEN BY 'B' AGAINST WHOM THE COMPLAINT IS NOT WITHDRAWN. THE COMPROMISE IS RECORDED IN COURT, 'B' ONLY FILLED UP THE CHEQUE, MAIN ISSUE OF THE COMPLAINT IS SETTLED, NO ONE HAS INCURRED ANY LOSS.
Devajyoti Barman
(Expert) 27 March 2011
The the allegations against B also gets impliedly withdrawn. Now any proceeding against B is abuse of the process of court.
