Fraud opening of huf account

Querist : Anonymous (Querist) 24 August 2011 This query is : Resolved
Sir, I live in New Delhi and it is to inform you that we have a HUF account on the name of my father in which the co-parceners are my father,my mother, me and my three brothers.After death of my father my elder brother become the manager of the said HUF ,and after some time my elder brother made a fraud in the said HUF and after that all the other co-parceners i.e. me ,my mother and my other two brothers ceased the bank account of said HUF and we came to shock when we came to know that the bank account of the said HUF was opened in another bank and after that we made a request to bank for ceased the account and bank ceased the account and told us that the account was opened in wrong way and when we asked for the bank statement to know about the fraud done by me elder brother then they told us that go to the court.After sir, i send a lawyers notice to my my brother and bank to give my money back but they didn't reply to us till now.so,Sir following are the questios which i want reply from you:
1.Can I complaint to the Police on my behalf or on the behalf of my lawyer?
2.If I go to court than it is Criminal case or civil case.
3.Can I go direct to the court and file criminal case aginst my brother without complaing to the Police?

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Kiran Kumar (Expert) 24 August 2011
you may file a complaint directly before the magistrate.

but in the present case, you will have to establish a strong prima facie case for criminal prosecution, otherwise it all seems to be a civil dispute at the first instance.

prabhakar singh (Expert) 25 August 2011
better you take help of a lawyer over there you are.

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