138 ni act cases
Sumit
(Querist) 05 June 2014
This query is : Resolved
I m facing 138 NI ACT cases from last 2 years in different parts of country. I m proprietor of a firm which was running last from 10 years. My brother was holding major part of business of my firm. 2 to 3 years back he has withdrawn all the money from the firm, from which I was not aware of, and whole liability came on my name due to owner of the firm. Now the position is I m facing the cases from last 2 years and the complainers are MNC from which we have purchased the goods and issued blank cheques as they take from us before billing the goods. They all are aware of the situation and fraud done, but due to no other option they filed the case. Please suggest what can be done in this matter. How I can get freedom from the cases, as the laibilty is so big that it cannot be paid.
V R SHROFF
(Expert) 05 June 2014
You and your firm is beneficiary of MNC co. fund.
Being joint liability, you have to face NI cases, and defend it.
Trust and confidence, honesty towards partner being agent for each other, in prt firm, both must be ready for each other's Act.
You get freedom from the cases, on your defence pt, and decision of Court.
A person cannot be tried twice for similar, same offence.nor can be punished twice.
Nothing is permanent in the world, Everything changes every seconds. Watch & Wait for it to get over. One has to suffer for his deeds. Why MNC should suffer??If court order goes against you, you may have to rest in Jail for a year, and matter ends there!! Bright future is ahead after a year or two!! Do not repeat mistake or trust your brother next time..
Nadeem Qureshi
(Expert) 05 June 2014
Dear Sumit
engaged the lawyer and fighting the case is only option to you. because being a partner of firm you are liable to face trial.
feel free to call
Nadeem Qureshi
(Expert) 05 June 2014
Dear Sumit
engaged the lawyer and fighting the case is only option to you. because being a partner of firm you are liable to face trial.
feel free to call
Rajendra K Goyal
(Expert) 05 June 2014
Better arrange the money and settle the matter amicably.
If court does not accept your defense it may order as per law.
Sankaranarayanan
(Expert) 05 June 2014
Is it partnership firm? who all partner, How the liability come under your head only?
Raj Kumar Makkad
(Expert) 08 June 2014
I do agree with Shroff and thus nothing to add more.
Sumit
(Querist) 10 June 2014
Its a proprietorship firm.
Guest
(Expert) 10 June 2014
On one hand you say that your brother was holding major part of business of my firm and now you have stated yours is a proprietory. Both cannot be true at a time.
How there can be two proprietors of a firm at a time?
If it is a proprietory firm, only you are liable to clear the liabilities of your firm. If it is a partnership firm and you have a proof in the shape of a partnership deed, both you and your brother can be made responsible for fraud and cheating.
So, first of all you should make the position clear whether you are the owner of the firm or you are the partner of the firm.
State real facts of the case if you really have some problem and want solution to that.
Raj Kumar Makkad
(Expert) 10 June 2014
Had the firm proprietorship, either you or your brother might have been holding the exclusive ownership and no question was sharing anything thereto. You become confirm about this vital facts.
