Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Time bound fast action ?

Querist : Anonymous (Querist) 23 March 2010 This query is : Resolved 
2) A registered partnership firm at will has a 4 partners, 2 partners reside at Amritsar and other 2 in Mumbai. Now one of the partner reside in Mumbai has dissolves the firm by his dissolution notice sent to all partners. Now the two partners who reside in Amritsar on the same day made a forged Deed stating that the other two partners of the firm has withdrawn from the Firm by their public notice in two newspaper and now the firm has only two partners. And they have also made a false entry with the Registrar of firms with out showing the retirement deed and the Registrar in connivance with them (without asking the retirement Deed or Dissolution Deed remove the name of other two partners who resides in Mumbai). When the partners of Mumbai came to know the same they had filed a protest entry with the Registrar of Firm. So now what will be the remedy for the above case.
1) Which is fastest route to cancel the forged deed of partnership with Registrar and register my dissolution?
2) Now Registrar of Firm is at Chandigarh, do I file writ petition or criminal case against him.
3) Which would be the jurisdiction for filing writ petition or criminal case or do you advice civil case?

R.R. KRISHNAA (Expert) 23 March 2010
As the two partners have made a forged deed it is invalid because proper notice of withdrawal has not been sent to the partners in mumbai.

Any proceedings have to be initiated only at chandigarh as the partnership firm is registered there and it may also be initiated at the place where the partnership actually carries business.

Writ petition is not maintainable. Either civil suit to declare that the deed of partnership is forged may be initiated or a criminal case of forgery can be filed. A criminal has to be filed only in Amritsar where the forgery was done. Whereas civil suit for declaration that the deed is forged can be lodged only in chandigarh where the partnership carries the business.
Parveen Kr. Aggarwal (Expert) 23 March 2010
The best and most effective remedy will be to launch criminal prosecution either by lodging an FIR with the police or by filing a criminal complaint in the court of Judicial Magistrate for making of false document and using it genuine. Inter alia, offences under section 467, 468 and 471 of the Indian Penal Code, 1860 are made out for which even life imprisonment has been provided as punishment.

In addition to the above, you may file a complaint before the Registrar of Firms to immediately for rectification of mistake under section 64 of the Indian Partnership Act, 1932.

You may also file a civil suit seeking injunction against the erring partners.

Besides the above, you may publish public notice in the newspapers having circulation at Amritsar and other places intimating the general public and the persons supposed to deal with the firm bringing all the facts to their notice.

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