Filing a c.b.i. case
Guest
(Querist) 14 February 2014
This query is : Resolved
Learned Experts,I want to file a complaint with c.b.i. regarding a fraud by a public ltd co in filing the fraudelent compliances with RBI.There was ne response from RBI SEBI ROC etc after filing the complaints.I want my complaint to be registered with CBI.Whether I should go for Court Directions Or Directly could file with CBI.Please give proper guidance.Experts who had dealt with CBI and having experience with cbi activitities please guide.OTHERS PLEASE EXCUSE.
Guest
(Querist) 14 February 2014
Learned Experts specialised in CBI please dont treat it as Repeated query it was due to Server problems
Rajendra K Goyal
(Expert) 14 February 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Filing-a-c-b-i-case-453916.asp#.Uv3i2IVRy_I
http://www.lawyersclubindia.com/experts/Filing-a-c-b-i-case-453906.asp#.Uv3lOIVRy_I
Guest
(Expert) 14 February 2014
There is a vast difference between commitment of fraud for monetary gains by someone and filing of compliances. Filing of compliances can be false, but not fraudulent.
So, for appropriate response to your query, better discuss about the nature of fraud committed by the company management and to what major extent the laundering of money was involved in frauds?
Guest
(Querist) 14 February 2014
The public ltd co had obtained approval from RBI for raising 100 millions us dollar thro GDR for obtaining stake in a foreign company.Genuinely no such Foreign company for acquiring.Money raised is shown in accounts as raised and it was routed out as acquiring the stake in foreign company.GDR gets converted as Indian shares after one year Now the only business of the company is selling the shares in indian market with operations with out any business
Guest
(Querist) 14 February 2014
As an Analyst I had found the Facts
Advocate. Arunagiri
(Expert) 14 February 2014
You say that the company got approval from RBI.
You say that your complaint is not entertained by RBI / ROC / SEBI.
If this is the case, it is very clear that you dont have any proof for your complaint.
Without any proof, to establish the prima facie, CBI will not entertain a case.
Guest
(Querist) 14 February 2014
Learned Experts,There is no existence of company which shares were acquired from the funds raised thro'GDR. RBI had replied they dont have powers for Invsetigations.Sebi had replied GDR is not under their purview.Roc states you are not a share holder and I had replied Roc I had raised it in Public Interest.None of them replied every thing is genuine by the company.
Guest
(Querist) 14 February 2014
Thanks Advocate Arunagiri ji.Like him other experts could also raise their doubts other than name of the company so that I would be placed in the right direction to complete my mission.
Guest
(Querist) 15 February 2014
Awaiting Your reply Mr.Arunagiri ji and other Respected Experts dealt with CBI
Advocate. Arunagiri
(Expert) 15 February 2014
I appreciate your interest, as a common man. But, the law needs evidence. You have reaised the doubt about the company's statements on a "non existing company".
When a holding company says and gives information about its subsidiary company, how do you say that the subsidiary company is non existence.
Have you ever visited the subsidiary company, whether the address is false, whether the company was not in that location?
You must understand if a company is having 100 million US dollars worth of GDRS, the company will have qualified accountants, those accountants would be advising the promoters to give any information which is correct and which is maintainable in law.
My advise is to collect proof to your allegation and approach the CBI, you will succeed.
Guest
(Expert) 15 February 2014
CBI can also register a case directly, if a big money laundering incident is noticed. You may better approach the CBI Director at Delhi or the regional office of CBI.
Rajendra K Goyal
(Expert) 15 February 2014
Also write to Ministry of Finance regarding this.
prabhakar singh
(Expert) 15 February 2014
I could not attend this query nor do i know it's answer.But this guy has gone angry and addressed me by a pm as if i am a lady prabha and wish to see me in karnataka bhavan delhi and tells he is 27 and travells
world over and claims to be a journalist.
prabhakar singh
(Expert) 15 February 2014
ka beta ayeen tohar maeeyo rahee kee akele rahab uhanwaon.
prabhakar singh
(Expert) 15 February 2014
val love ka apane fufi k lebe khatir wish kayele hava haramee.
prabhakar singh
(Expert) 15 February 2014
jab raag chedale bate tab parda kahe k chal
khule aam sale gandoo.
prabhakar singh
(Expert) 15 February 2014
MEHAR! mane ka hola gandoo?
Journilist ho k prabha ka laand chatab kee zhaant ukhadbe saale?
Sudhir Kumar, Advocate
(Expert) 16 February 2014
I have read query and the view of experts.
I disagree partially as I understand wring to Fin Min will be of no help at all.
I am also sure from reading your blog that you have so far not contacted CBI office with details.
There is no use bloging here with meeting CBI office.
They are just like Police station. If they receive complaint and do not take any action then you can file writ mandamus in High Court (the practice which is in the news for the last two decades and many influential persons have been framed).
prabhakar singh
(Expert) 16 February 2014
There is clear mandate that those who have not dealt CBI cases should not respond.
Frankly i have never dealt even 323 bail matter ever in life what to talk of CBI?
Hence i did not answer but it triggered anger into him.
I am sure none who have attended this query has ever handled any case of CBI.
And latest answer is just to re high light.
Guest
(Querist) 17 February 2014
Dear Mr.V.Arunagiri ji Please confirm any practicing Advocate could be a Board of Director of a public ltd company with out informing BCI please
Advocate. Arunagiri
(Expert) 17 February 2014
You may see the Bar council Rules:-
Section VII-Restriction on other Employments
48. An advocate may be Director or Chairman of the Board of Directors of a company with or without any ordinarily sitting fee, provided none of his duties are of an executive character. An advocate shall not be a Managing Director or a Secretary of any company.
Guest
(Querist) 17 February 2014
Thank You Mr.V.Arunagiri Ji Whether the Advocate Director could Sign the Compliance on behalf of company and Whether he could represent the company in Legal matters as Advocate cum Director Please
Advocate. Arunagiri
(Expert) 17 February 2014
YOU MAY ALSO SEE THE BAR COUNCIL RULES – DUTY TO THE COURT
RULES GOVERNING ADVOCATES
PART – VI
CHAPTER - II
Standards of Professional Conduct and Etiquette
(Rules under Section 49 (1) (c) of the Act read with the Proviso thereto)
Section I - Duty to the Court
9. An Advocate should not act or plead in any matter in which he is himself pecuniarily interested.
Illustration :
I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.
II. He should not accept a brief from a company of which he is a Director.
Advocate. Arunagiri
(Expert) 17 February 2014
Author,
I know why you have selected me to respond. I dont want to say anything more in this public forum. I do not want to drag any personal issues in this public forum.
Because it may lead to another unhealthy lengthy dialogue.
Let other experts give their opinion.
Advocate. Arunagiri
(Expert) 17 February 2014
You have posted a query related to CBI inquiry, suddenly you have posted a different query, which is not at all connected to your previous query.
Guest
(Querist) 17 February 2014
Once Again Thank You Sir.The Mentioned above is applicable only for courts representation or institutional representation also please sir.
Guest
(Querist) 17 February 2014
Dear Sir My query is related to CBI inquiry only please.
Guest
(Querist) 18 February 2014
Dear Sirs,I am Still waiting for my Recent above Query Please
Sudhir Kumar, Advocate
(Expert) 19 February 2014
no expert here is spokesperson of CBI.
You have to contact them for feasibility of FIR
Guest
(Querist) 19 February 2014
Dear Experts.The Query is Still Open for my recent Doubt
Guest
(Querist) 21 February 2014
Dear Experts.The Query Is Still Open For My Recent Doubt
Sudhir Kumar, Advocate
(Expert) 23 February 2014
The query will remain pending unless you meet CBI with details of your case.
Guest
(Querist) 23 February 2014
With due respect Mr.Sudhir ji thanks for your reply.BUT I AM STILL WAITING FOR SOME OTHER EXPERT TO CLARIFY MY DOUBT.Those who are not interested could simply ignore instead of discouraging or --------- me please
