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Partnership firm, cash embezzlement.
21-Apr-2023 (In Criminal Law)
Some good advice would be greatly appreciated.
My father and his co-partner (also a distant family member) were running a partnership firm.
My father was kept out of all the financial decisions, even the CA was of the other partner's.
Soon the business started running out of cash (taken from creditors, by means of franchisee and security), my dad thought it was due to non performance but infact the partner was embezzling money to other accounts (namely two accounts by the same name, so that created confusion for my father)
But it was too late, it's been 7 years all ready. Numerous cheque bounce case, and 420.
The police doesn't catch the partner because he bribes them regularly whereas my father is in judicial custody.
The fact that their are numerous NBWs against him of which I am not in a financial position to pay, I am just 22.
He did send a notice few years back when he got to know he was being fooled.
My father is non-exective director. What to do?
I'm really very sorry to hear this sad plight of your father I wish I could be of some help. I further do understand The complexities which a person faces financially for litigation.
I cannot State you as of now ask you what needs to be done on what can be done in order to safeguard your father but what I do know is that the criminal cases that also pending against him in which the NBW have been issued that he was in judicial custody that can be taken care of by me and if and when we happened to meet I can maybe help you out with all the legalities of the case.
I cannot State you as of now ask you what needs to be done on what can be done in order to safeguard your father but what I do know is that the criminal cases that also pending against him in which the NBW have been issued that he was in judicial custody that can be taken care of by me and if and when we happened to meet I can maybe help you out with all the legalities of the case.
Helpful?
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Adv. Khalid Akhtar
Delhi | 100+ Answers
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hello raghav
as I have read ur problems regarding the company in which ur father is non executive director. and the other partner of the company is one of ur father's friends who have filled ur father due to which many of the financial liabilities is been referred to ur ur father's name as well as so many number of NBWS is been issue to ur father's name by different courts as the amount of liabilities us very big. so ur in big trouble right now in this condition you have take legal steps to save u as well as ur father from this fraud. which is been played on ur father by friend. who is also director of the company so you need a good corporate Advocate who can assit you.and save you
as I have read ur problems regarding the company in which ur father is non executive director. and the other partner of the company is one of ur father's friends who have filled ur father due to which many of the financial liabilities is been referred to ur ur father's name as well as so many number of NBWS is been issue to ur father's name by different courts as the amount of liabilities us very big. so ur in big trouble right now in this condition you have take legal steps to save u as well as ur father from this fraud. which is been played on ur father by friend. who is also director of the company so you need a good corporate Advocate who can assit you.and save you
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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theres some confusion on your behalf as a partnership firm cannot have a non-executive director and only consists of partners. as per the facts of the case, your father will be equally liable for the activity of the firm as the other person unless specified otherwise in the partnership agreement
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Adv. Rohan Sharma
Delhi | 200+ Answers
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Dear Client,
You have narrated your case at large but did not said any thing about partnership deed or any paper , wherein your father's role described at what position and how much his involvement was as per deed, moreover, whether he has issued those bounced cheques singed by him or as per deed his partner was also signing authority or only one person could eligible signature on Cheque.
This needs to discuss for your case for which you may contact on my contact no.
Thanks
You have narrated your case at large but did not said any thing about partnership deed or any paper , wherein your father's role described at what position and how much his involvement was as per deed, moreover, whether he has issued those bounced cheques singed by him or as per deed his partner was also signing authority or only one person could eligible signature on Cheque.
This needs to discuss for your case for which you may contact on my contact no.
Thanks
Helpful?
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Adv. Sanjay Kr. Jha
Delhi | 200+ Answers
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Hi,
The type of registration of the partnership firm shall decide the course of legal strategy any advocate would prepare for your father supported by all other documentary evidences.
It seems your father was a partner but not actively involved in the daily affairs of the firm. But in the case he has been signing documents at the behest of the other partner and the CA, he can be implicated equally.
Though police may at this stage take sides but the other partner shall be equally liable to the creditors etc.
I don’t want to talk about the fees etc at this stage but any advocate has to be paid for their time, efforts, guidance and expert opinion. However, if you want to save your father further hardship, you mustn’t waste time but hire a good lawyer to defend his case, seek bail and make the other partner party in the case.
I’m available, do call me or schedule a meeting.
The type of registration of the partnership firm shall decide the course of legal strategy any advocate would prepare for your father supported by all other documentary evidences.
It seems your father was a partner but not actively involved in the daily affairs of the firm. But in the case he has been signing documents at the behest of the other partner and the CA, he can be implicated equally.
Though police may at this stage take sides but the other partner shall be equally liable to the creditors etc.
I don’t want to talk about the fees etc at this stage but any advocate has to be paid for their time, efforts, guidance and expert opinion. However, if you want to save your father further hardship, you mustn’t waste time but hire a good lawyer to defend his case, seek bail and make the other partner party in the case.
I’m available, do call me or schedule a meeting.
Helpful?
23+
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Adv. Kabir Hazarika
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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