Fir signed by md of a company without designation

abhijit majumder (Querist) 21 April 2021 This query is : Resolved
To
The Respected senior experts,

In the year 2018 our Company lodged a criminal case(Theft, Misappropriation of Property) against an employee say Mr.'Y'.

But in FIR the then MD say Mr 'X', signed without mentioning his designation as MD of say 'ABC Ltd'.
In the year 2019 Mr X MD retired from the Company and MR.'Z' had taken his position.

But Police authority told us as in FIR Mr.X signed without his designation it become a case between Mr.X Vs Mr.Y. instead of ABC Ltd Vs Mr Y(the employee against whom theft charge was made).

As this is not the actual situation, is there any way so the company can rectify this inadvertent mistake?
Regards
Abhijit Majumder

Follow Query

Report Abuse

Quick Summary

A company filed a criminal case against a former employee, but the FIR was signed by the then-MD without his designation. The police claim this makes the case individual rather than company-based. However, experts argue that the substance of the theft and misappropriation is what matters, not the signatory's designation. They suggest the police's stance is incorrect and advise seeking a written clarification or pursuing the case based on the facts reported.

SHIRISH PAWAR, 7738990900 (Expert) 21 April 2021
Hello,

Even if your md has signed with his designation facts of the case and charges on the accused would not have changed. As per my opinion, it will not matter. Information about the theft is material.

abhijit majumder (Querist) 21 April 2021
Thanks to Sri Shirish Pawar for immediate reply
Regards
Abhijit

ashok kumar singh (Expert) 21 April 2021
there is no such requirement so far. no need of rectification ever accrued in views of proposition of laws. about the rest I am in agreement with views expressed by earlier experts.
thanks

Dr J C Vashista (Expert) 22 April 2021
It is not that who has lodged FIR but what was theft and misappropriation of funds reported which was not in individual capacity of X but in the capacity of X as MD of the company.
Police version is absolutely wrong and untenable.

Pradipta Nath (Expert) 22 April 2021
Police is not the Advocate/Judge. Ask them to provide this stand in written/in open Court via their PP. How come the case becomes an individual capacity when the fraud has been done against the Company!

abhijit majumder (Querist) 22 April 2021
Thanks to all the learned senior experts for their valuable reply.
Abhijit

Sudhir Kumar, Advocate (Expert) 22 April 2021
in either case the person who signed the FIR would come as witness and witness only.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries