Can any ex-director file case against employee who stolen Co.'s assets
11-Jul-2023 (In Corporate Law)
I want to lodge a complaint against other two directors of a registered private limited company. They both have stolen company's property & threaten to harm me if I make a compliant against them. In defence I resigned from the company's director's post. Further one of them personally used vulgar language against me & against my wife in clear intention to provoke me to physically harm him so that he can make a complaint against me & take the case in favor of them. Moreover one of them have clearly said in email that he has stolen company's property! Other guy, who is the MD of the company revealed that first guy had stolen company's property but he didn't make a FIR? Why? (Both are brothers). This reflects that he knows everything & have clear intention to share stolen company's property. My question is should i lodge a FIR through 'CIVIL' since I am not current director. What more steps should I go for?
Let's clear first thing first. There is no such thing known as 'Civil FIR'. If you are making a complaint before police authorities then that is going to be converted into an FIR and an FIR is always a criminal case.
Now comes to the second point, you should actually get the FIR lodged against other directors and shall give the proof related thereto to police for further investigation.
If you do not get the FIR lodged against them then even you will be implicated in the matter of white collar crime and even you are going behind the bars for the wrong done by them.
Now comes to the second point, you should actually get the FIR lodged against other directors and shall give the proof related thereto to police for further investigation.
If you do not get the FIR lodged against them then even you will be implicated in the matter of white collar crime and even you are going behind the bars for the wrong done by them.
Sir,
There is absolutely no bar on filing a case against the existing directors by an ex-director. Further, the entire cause arose during your tenure of directorship. The shareholders may press for removal of such directors from the company by passing requisite resolutions.
However, since the present case is a criminal offence, an FIR should have been made by either of you who had knowledge of such offence having been committed. You can file an FIR and initiate criminal proceeding on behalf of the shareholders.
There is absolutely no bar on filing a case against the existing directors by an ex-director. Further, the entire cause arose during your tenure of directorship. The shareholders may press for removal of such directors from the company by passing requisite resolutions.
However, since the present case is a criminal offence, an FIR should have been made by either of you who had knowledge of such offence having been committed. You can file an FIR and initiate criminal proceeding on behalf of the shareholders.
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