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Cheating done by business partner. What legal action can I take ?


14-Nov-2023 (In Criminal Law)

I got into business of supplying industrial gas with my partner who has been in this business for a decade. I have no experience in this business. The funding was 100% mine and the bank could be operated by either of us. Within four months, the bank account was empty and no account of expenses and income was given to me ever. I was continuously paying the EMI for the loan I have taken for the business but there was no income for me. Repeated requests to share the expenses and income with evidences were made but no heed was paid to that. the company was finally closed but account unsettled.

Answers (2)

Answer #1
629 votes
You may lodge an FIR u/s420.406, of IPC aginst the said person/partner. This is case of cheating and criminal breach of trust prima facie. After lodging FIR IF police failed to take cognizance you can also file private criminal case and also sue for recovery of money by filing civil suit
It is advisable to proceed both ways ie prosecuting civil and criminal proceedings.
Answer #2
522 votes
Yes if the money has been fraudulently transferred from companies account then you can initiate the proceeding under section 420 of Indian Penal Code against the partner. Even otherwise suit for recovery can be initiated against the partner. what are the terms of settlement for closure of company. whether your firm was LLP or Private limited?

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