All Questions

A start up raised 100 crore from 98 investors, including myself, in Jan 2024. Founders promised an IPO by April 2024 & assured 4x returns, issuing post-dated chqs for that amount. The IPO didn’t happen. I got post-dated chqs for Jan 2025. Some investors who were given cheques for Sept 2024 faced issues when the company issued a stop payment on those chqs to avoid the risk of them bouncing.. The founders have asked us to refrain from legal action until the end of 2024, as they are trying to secure another round of funding.

• Is there anything I can do now to protect my interests while waiting?
• What are my legal options if I choose to take action immediately?

Unable to recover funds given to a start up for investment 

...

1. Securities Law Violations

Securities and Exchange Board of India (SEBI) Regulations:
If the company made false or misleading representations (e.g., assured returns or promised IPO), this could violate SEBI regulations. SEBI strictly prohibits guarantees of returns in investment offerings.
Since there are 98 investors, it may qualify as a "collective investment scheme" (CIS), which requires prior SEBI approval. Operating a CIS without registration is illegal under the SEBI Act, 1992.


2. Breach of Contract
The issuance of post-dated cheques (PDCs) promising returns on investment may constitute a contractual obligation. Failing to honor these obligations or unilaterally altering terms (e.g., changing cheque dates) could be a breach of contract under the Indian Contract Act, 1872.


3. Cheque Dishonor and Stop Payment

Negotiable Instruments Act, 1881:
Stopping payment on post-dated cheques or dishonoring them may amount to an offense under Section 138, which deals with cheque bounce cases.
For a valid case:
The cheque must have been presented within its validity period.
A demand notice must be issued to the company within 30 days of receiving notice of dishonor.
The company has 15 days to pay after the notice; failing that, you can initiate legal proceedings.


4. Criminal Breach of Trust and Fraud

Indian Penal Code, 1860:
Section 406 (Criminal Breach of Trust): If the founders misused funds raised from investors for purposes other than those stated, they could face criminal liability.
Section 420 (Cheating and Dishonest Inducement): Promising assured returns or an IPO without realistic backing may constitute fraud.


5. Collective Action

Investors may consider acting together by forming an Investor Protection Group to:
Strengthen their legal position.
Negotiate collectively with the founders.
File a joint complaint with SEBI, police, or in court.

6. Civil Remedies

File a civil suit for recovery of your investment under Order 37 of the Civil Procedure Code (CPC), 1908, which allows for summary proceedings in cases involving financial instruments like cheques.

7. Interim Measures

You may approach the court for interim relief (e.g., injunctions) to prevent the founders from alienating company assets pending resolution.
Send a Legal Notice: Notify the founders of your intent to take legal action if commitments are not honored.
File a Complaint with SEBI: Highlight potential securities law violations.
Initiate Criminal or Civil Proceedings: Depending on the situation's urgency and evidence.

02/12/2024 08:04 AM

Sir i have married my daughter, name varshini in the age of 16 years old recently on 21-05-2024. after her 9th standard was completed. Sir with whom i married my daughter they are they blood relation my mother-in-law sister"s grandson. Sir my mother-in-law came to my house and forced us to marry her with her sister grandson. I didn't accept but forcefully they make me agreed to marry my child to him. We don't have any relatives here and they told us that if we won't agree then they will not support us in anything so i scared, if they don't support us we don't have relatives here. Sir i told my son-in-law that i won't stop her studies until she wants to stop and they agreed. Now after 4 months of marriage they start to harrash her, Her grandmother and her aunt some other relatives was making my child mentally harassment by always scolding us in front of her and sometimes scolding her they don't give her permission to sleep until 11 o'clock at night and wake up at early morning 5 o'clock they says stop studying too. Sir now i brought my daughter back to my home and admitted her into the school again in 10th standard. Sir until she was 18 years old i don't want to send back her to her husband house. Sir is it possible to do so i need help sir please advise me how can i go further legally please..

Child marriage and marriages within prohibited blood relations are strictly prohibited by law. The Prohibition of Child Marriage Act, 2006 mandates a minimum marriage age of 18 for girls and 21 for boys, penalizing violations with up to 2 years imprisonment and/or a ₹1,00,000 fine. Marriages within prohibited degrees of relationship (e.g., siblings, uncle-niece) are void under laws like the Hindu Marriage Act, 1955, which also prohibits "sapinda" relationships (common ancestors within five generations on the father’s side or three on the mother’s). The Indian Penal Code considers sexual relations with a girl under 18 as statutory rape. Mechanisms like Childline (1098), Child Welfare Committees, and District Child Marriage Prohibition Officers (DCMPOs) can intervene to prevent or annul such marriages. Violations may also attract penalties under the Juvenile Justice Act, 2015 for exploiting a child in forced marriages.

02/12/2024 08:19 AM