Misappropriation of company's money by director
Jopat Omprakash Radheshyam
(Querist) 04 May 2013
This query is : Resolved
A director of a private limited company has misappropriated the company's money by making his personal payment by company cheques.After perusal a cheque for the misappropriated amount was obtained from the defaulting director which got dishonoured and appropriate proceedings u/s 138 is at argument stage.The complainent has filed an application with juridictional police station for registering FIR against the defaulting director for misappropriation of fund,fraud and breach of trust.The police station has not conducted proper enqury in the correct perspective but attempted to confuse saying that the matter is subjudice and the relief may be claimed from court u/s 138 of N.I Act.The police failed to distinguish the nature of offences committed u/s 138 and that u/s 420 etc. of Cr.P.c which are different offences punishable separately.Please suggest the further remedy to recoup the loss suffered by the company.
Devajyoti Barman
(Expert) 06 May 2013
File petition u/s 156(3) to initiate case u/s 420 IPC. It is fit case of cheating.
Raj Kumar Makkad
(Expert) 06 May 2013
In the given facts, it shall be appropriate if a criminal complaint is filed under section 200 of criminal proceudre code before the trial magistrate.
