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Nimrod India (Partner)     13 May 2013

Check withdrawal in partnership

 

hello  People 

We had a partnership firm and  my partner was supposed to retire from a particular date. Just before retirement (about 8-9 days prior) my partner  in my absence withdrew a huge amount in excess of his capital account which was lying in the bank account. We had agreement where any partner could sign cheques. 

I have documentary evidence to prove I was not in town on that day.Also our partnership deed allowed for partner's withdrawal only against accuriung share of profit as per mutual agreement.  The partner who has withdrawn this amount has huge nehative balance and needs to pay back the firm. Which means the withdrawal was not against accrued profit. Can I press criminal charges?

FYI Ours is an unregistered partnership firm.   Please help SOS!



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 1 Replies

Advocate Ravinder (Advocate/Attorney)     19 May 2013

First you have to dissolve the partnership, as this may happen again by him or any other partner and sqeez all the bank accounts and properties.  Then you file a civil case for recovery of amount and also file a criminal case for criminal breach of trust and fraud. 


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