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How can an NRI file a case against a fraudulent firm


31-Dec-2023 (In Startup Law)
Hi, I invested in an Indian company for a joint venture. The partners has 6 months ago all of a sudden stopped responding to my email and inquires and has blocked me from all of my accesses. What options do I have? I am based out of Nepal. I would like to sue him for fraud and get my share fair share in the company. Thanks!
Answers (3)

Answer #1
685 votes
First of all, the facts stated by you are not complete to give a proper advice.

You need to file a criminal complaint for cheating, misappropriation of funds to the police concerned. In case police do not take any action (as usual in most of such cases), you need to file a criminal case before the court. Simultaneously, you also need to file a case for rendition of accounts and recovery of money.

In spite of this, we also have to see, if you have got any cheque signed by your partner, if so, a case for cheque dishonouring. And there can be many other recources/actions. Proper advice can be given to you only after getting complete facts and information from you.

Being from far place, you can have consultancy with me through video conferencing. If interested feel free to write me or call me through e-mail or phone.
Answer #2
910 votes
You can file a FIR in the relevant jurisdiction. You can take an alternate route of filing a complaint before a magistrate, if police refuses to register an FIR. Many states have recently constituted commercial courts which look into disputes where transaction value is more than 1 crore.
Answer #3
827 votes
It is necessary to review the agreement documents The Partners in the business need to be reviewed for details of violation and Judictition. In some cases, it would be necessary to check the bilateral treaty between the two countries if partner belong to a different country then India.

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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