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Mahesh Chand Gupta (Proprietor)     29 January 2024

Fake criminal case filed in respect of a company which has been closed down 20 years ago

A private limited company was struck off by all the directors unanimously stating that company is not working and there is no dispute between directors and company should be closed down. Application was struck off name of company was submitted by all the directors on 29.03.2004.

In March, 2005, a director of the company Mr. A filed a criminal case in Hapur court against another director Mr. B stating that there is dispute between the directors and another director has defrauded.

Likewise, the brother of same director Mr. G submitted a criminal complaint in Ghaziabad court stating that there was dispute between directors. Another director Mr. B defrauded.

Actually, there is no dispute between the directors but the complaint case was filed in two different district courts, Ghaziabad and Hapur, by the same advocate Mr. R with the intention to start criminal proceedings against another third person Mr. M by framing a fictitious suit against him alongwith director Mr. B.

Actually, there is no dispute even today between the directors but the fake case is going on just to trap Mr. M in the fake case. 

Please suggest considering position of Mr. M.



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     29 January 2024

If M has not been implicated as an accused in the case yet despite almost 20 years of the initiation of the criminal proceedings, how do you expect M to be implicated in this case at this stage.

The details furnished are not sufficient to render any further opinion 


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