• Cheating case against supplier

Respected Lawyers,

My company has been buying steel from a manufacturing company in Asansol, West Bengal.
Always, we paid advance to the manufacturer.
In one consignment, the goods were rejected by my customer and we agreed to return the goods back to the Asansol supplier so that he could sell the goods to other local customers and repay us.

Earlier, he committed that he would pay to us.
However, since last 4-5 months he has been turning down our phone calls and is now not willing to repay.

We have received 10% of the total amount due.

All the paper work is available with us,

Material was returned back to the supplier almost 22 months ago. 

We received the last instalment from this supplier in Feb 2015. 

Please help in the following -
1) under what IPC code can we file a legal complaint
2) case to be filed under which court of law
3) can we directly take police help in this matter to recover our dues ?
4) how long will the case prolong ? 

Any other important information, please share with us.
Asked 3 years ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu
1.  While filing police complaint you do not have to mention sections of IPC,

2. Just narrate the facts specifying how have you been cheated,

3. The police will put the aproriate sections like 420, 120B etc depending on your complaints,

4. Apart from filing police complaint, you can also file a revovery suit claiming refund of the amount not yet paid back to you with interest,damage and cost,

5. The criminal case may run for 1 year if you can follow up with police effectively,

6. The Civil Case will take 2 to 3 years depending upon how your opposite side is contesting the said case.
Krishna Kishore Ganguly
Advocate, Kolkata
18429 Answers
447 Consultations

5.0 on 5.0

No doubt you can lodge a compliant with the Mumbai Police but that may not be very effective because you may have to spend to take the police to Asansol by complying the necessary formalities in this regard and you may have to inform the Asansol Police to help you nab the offender, in the meant time, if he escapes, you may have to return empty.  Thus, it would be better to lodge a complaint with the District Superintendent of Police, Asansol seeking his help and direction to the local police to nab the offender for the cheating offences and also for amicable recovery.  
Before this, you may have to issue a legal notice demanding the refund of the amount held by him due to the return of stocks, if he fails to comply with the demand made, you may proceed with police complaint, besides, you may also file a recovery suit in Mumbai civil court. 
T Kalaiselvan
Advocate, Vellore
35588 Answers
385 Consultations

5.0 on 5.0

1. You have been cheated or have been informed about being cheated  at your office,

2. So, the cause of action arose at your office,

3. You shall have to lodge police complaint at the police station having jurisdiction on the locatiojn where the cause of action arose,

4. You should take up both the rputes. In filing police complaint, the police becomes responsible to persue the case and the case becomes Covt. of Maharastra and the said Person where in you are called as the complainant. Recovery Suit is civil in nature and shall have to be faught by you to recover the money,

5. In criminal case, the accused will be punished for his criminal act, if proved and in case of Civil Suit, you will get the claimed amount, if you are proved right.
Krishna Kishore Ganguly
Advocate, Kolkata
18429 Answers
447 Consultations

5.0 on 5.0

1. You can file a lawsuit to recover the money which the supplier is legally liable to pay to you. In addition to this you can launch his prosecution for cheating by filing a criminal case directly in the court.

2. Police does not come into picture in your case. The legal recourse which you are entitled to adopt lies only before the court. 

3. You can file the case in the court at the place where your company is situated.

Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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