Complaint case against a person who filed a fake complaint case
Mahesh Chand Gupta
(Querist) 06 December 2012
This query is : Resolved
Four persons, Amirool, Akhtar, Jiya, Ayub formed a private limited company on 09.09.1999 to start a bricks kiln. Company borrowed term loan of Rs. 5 Lacs from Noida Bank. But the bricks kiln of the company could not materialize. Company didn’t repay the loan but all the directors prepared a nil balance sheet and filed the same with Registrar of Companies for closure of company stating that the company could not carry on any business and liability of the company is nil on 29.02.2004. All the four directors sit and an agreement reaches between them about division of property of the company and a written agreement was made on 20.11.2004. There was no dispute remains. But actually, bank loan was stand and directors did not repay the same. In March, 2005, Guljar brother of Ayub filed a complaint case stating that Amirool has cheated with the help of Mahesh and Neelam and a summon was issued u/s 34, 379, 411, 417, 418, 420, 467, 468, 471, 477 I.P.C. Mahesh submitted an application u/s 245(2) and submitted all the papers submitted to Registrar of Companies and copies of agreement between directors on 20.11.2004. Court accepted the application and called for objections from Guljar. Guljar could not deny. Now, it is true that a fake case was filed by Guljar knowing it to be a fake. Whether another complaint case against Guljar and witnesses u/s 202 may be filed by Mahesh alongwith application u/s 340. Please advice.
Raj Kumar Makkad
(Expert) 06 December 2012
Compensation against malicious prosecution along-with the desired action can be got initiated against such person.
What is the relevance of the bank loan with your query?
ajay sethi
(Expert) 06 December 2012
mahesh should not file another case . concentrate his energies on getting discharged from the present case
