sec420,sec 506/2,sec 294
M.Dhanasekar
(Querist) 11 January 2010
This query is : Resolved
Hi,
Kindly anybody try to resolve the problem for me.Pls find the attachment
Thanking you,
yours,
M.Dhanasekar
Raj Kumar Makkad
(Expert) 11 January 2010
Your problem is very grim and cannot be solved without having sufficient means of income.
I suggest to file a suit for rendition of accounts wherein all three partners (though impleaded at different times) be included as parties to the suit and then the whole thing can be settled but so far as criminal cases are concerned, your brother can take only one plea that the matter is a civil and has no connection with criminal offence so FIR may be quashed.
adv. rajeev ( rajoo )
(Expert) 12 January 2010
First of all suit is not maintainable because your's was un regd., firm and I think without issuing the notice for rendition of a/c suit is filed, notice is must. Burden lies on the plaintiff to prove that there was a partnership firm. burden lies to prove the documents relied by the Jyotimaran.
Regarding criminal case it depends on the evidence.
M.Dhanasekar
(Querist) 12 January 2010
Dear RajKumar Sir,
Thanks for your reply.
As per your advice if i ask them for rendition of accounts,Mr. Jyothi raman will provide his duplicate bills stating the expenditure of building materials from the scrap about Rs.8,12,000 from M/s Sridevi associates. In such case could you please tel me the alternative.
When my brother applied for AB, I dont know why then the plantiff advocate said that it is a criminal case.section 506/2-represents criminal intimidation and 294-represents obscence which comes under criminal offence.
Another issue is why specifically my brother can take one plea.
Approximately How long will the case will survive?.
Suppose If the plantiff wins the suit and we dont have the paying capacity what shall be the out come and how to over come it sir.
Thanking you,
yours,
M.Dhanasekar
M.Dhanasekar
(Querist) 12 January 2010
Dear Rajeev Sir,
Thanks for your reply.
AS you said that the burden falls under the plantiff to prove that there was a partnership firm.Mr. Jyothiraman is having an unregistered partnership deed which specify the restaurant address and other partnership details.suppose if he produce such document then will that document will be accepted as an supporting document by the court.
Pls kindly tel me sir.
Thanking you,
yours,
M.Dhanasekar.
