Copy of the complaint
Raj M B M S
(Querist) 05 September 2014
This query is : Resolved
Dear Legal Fraternity!
Am a Pvt Ltd Co MD with 1 Lakh share capital started a year back and managing an unsigned FOCO (Franchise Owned & Company Operated Unit). A friend of mine invested 23L on the Unit and am managing it with a team.
Recently the Franchise turned hostile as he wanted his Investments back (premature, while the investments are safe as CAPEX in a educational unit and yet to generate profit) & has lodged a Complaint that I have committed Forgery on his finances. the Complainant has handled all the financial transactions for vendor payments etc since inception. However operating expenditure management of the Edu Unit is done by the team. We have not had an agreement of FOCO or otherwise between us in the past as it started off on a friendly basis and by the time we arrrived at the necessary procedures for the Unit the Complainant turned hostile. He has used unsavory methods to retrieve moneys in the past while the Unit has managed to keep its cool and be stable with minimum funding through inherent fee incomes & personal funding from my side,
I am now meeting the Police (SI) for the first round of discussion. I am hoping to seek a copy of the written complaint that the complainant has submitted to the police. I want to know the content of his claims to understand the nature of complaint & to respond to the same with my version of the case.
I do not want the Police to proceed with one sided story of the case. They seem to have built a perception which I would like to counter with facts.
Query 1: Am I well within my rights to claim a copy of the complaint registered with the Police ( The Police has not registered an FIR and the process that is happening right now is informal) .
Query 2 : Kindly refer a good lawyer (preferably Pondicherry or Chennai) who can consider reasonable fees to support my stand against the Complainant as I dont have strong legal supports back home. I will also need help to guide me on documentations and the steps that I need to take in the next sittings if any and further proceedings.
ajay sethi
(Expert) 05 September 2014
you can contact MR Arunagiri he is from TN can guide you
Raj M B M S
(Querist) 05 September 2014
Thank you. How do I reach him sir? Will look into the experts list and check through
Raj M B M S
(Querist) 05 September 2014
Dear Sir (Ajay), I have sent a mail to Mr Arunagiri outlining the larger issue. However for today evenings meeting with the Police, I need some quick guidance esp on my rights to claim a complaint copy (when the complaint is informal and no FIR) and if its ok for me to submit a print of the accounts statement with the police for the Educational Units transactions of last financial year
T. Kalaiselvan, Advocate
(Expert) 09 September 2014
Since this could be a formal complaint of misappropriation of funds or cheating, with the documentary proof in your possession about the business agreement and other conditions, make a formal statement and seek time from Police to submit your detailed statement in a few days, by then you engage a good lawyer and tackle the issue properly.
