Fraud in trust Fraud in trust

3 years ago

We have educational trust.Total 7 members.3 of opposite pannel, 3 of our pannel and 1 neutral.Opposite party person is chairman, I am secretary and neutral one is treasurer.Bank aacepts signs of any two out of above mentioned three on the cheque.

The problem-The neutral man who is treasurer did the fanancial fraud of 372000/-.He used my pre signed cheques for 72000/- and opposite party chairman's sign for 300000/- cheque.He transferred the amount to his own account(through cheque). Opposite party pannel dont have any objection moreover they three and fraud person are united now(so they are 4 now).But i have objection.I am of opinion that total amount should be returned to trust account.
What should be next legal action?

Kishan Dutt Kalaskar

Responded 3 years ago

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A.You may file criminal case and also civil case basing upon documentary evidence
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.You may file criminal case and also civil case basing upon documentary evidence
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Rameshwar Dadhe

Responded 3 years ago

A.Immediately pass the resolution against them or file complaint against them immediately
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Anish Palkar

Responded 3 years ago

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A.1) In the trust banking accounts the funds cannot be transferred to the trustee themselves without the approval of all the other members and on what basis and for what purpose has such a big amount is transfered to the neutral person
2) As it is very necessary for any transaction above rupees 5000 a separate slip has to be maintained for or the approval of the same
3) Though the cheques are pre-Signed in the trust accounts the approval for the same must have to be taken for each and every transaction of the cheque by all the other members of the trust as and when the funds are transferred to somebody savings account does there should be approval of everybody.
4) For the same you can bring this problem sorted out by your CA for the trust committee members themselves are there or you will have to send a legal notice to the members who have transferred the amount & if still then if the problem is not resolved then rather you will have to approach the charity commissioner of the respective state- if the trust is of Mumbai-Maharashtra then the charity commissioner office is at Worli- Mumbai- Maharsahtra
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ADV. ANISH PALKAR (High Court)
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