A civil matter cannot be made into a criminal complaint. File a petition in the high court for quashing of the charge sheet as it is a purely civil matter.
Apply for anticipatory bail until the case is closed.
Late payment to supplier
We are a private limited company , due to covid some of our vendor payments are delayed , one of our supplier raised a police complaint of cheating and false allegation of threat. The police constable came threatening action and demand to make payment. Pls advise. 1) is this a police matter. 2) how to reply to this .
Asked 3 years ago in Criminal Law
Religion: Muslim
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9 Answers
Ots a civil dispute and hence there is no scope for FIR.
If its registered then apply fir bail and then challenge it in high court in quashing.
This is basically a civil dispute
inform the police that on account of COVID there is delay on making payment
you will pay the supplier once situation normalises
- This is a civil dispute not at all a police matter.
- You can write a complaint to higher ups of police sp/commissioner of police stating the police is interfering in civil matter at the behest of complainant.
This is a purely civil matter ,police has no authority to take any action or threaten you.If any FIR is registered ask the police to give a copy of the same to you as it is your right free of cost .The only remedy for the opposite partyis to file a civil suit for recovery of money.
No its a civil recovery matter, police case is not maintainable
This is not a criminal matter, however they can give a complaint under the offences of cheating, then it becomes a criminal matter.
You may better inform the police that you will see this matter through court of law and can issue a legal notice to the party about this so that the police will not pursue the matter any further.
2. You have to appear before police and give a statement about the reasons and may inform police that since it is a civil matter, you will pursue the same through civil court.
Dear sir,
Delay in not making payments owing to COVID is purely a civil dispute and at best he can file a suit for seeking damages under Specific Relief Act but he cannot file criminal charges against you. If it is a police complaint stage, then please submit a well drafted reply to the complaint and submit it to the police to close the complaint at that stage. If an FIR has already been filed, then please get the same quashed by approaching the High Court under the same grounds that this is a civil dispute and nothing criminal is involved in it.
- Such business activity and failure to supply or payments not come under the provision of Criminal law, as there is no offence of cheating.
- If police are threatening , then you can lodge a compliant before the higher police official for the said act .
- If payments delayed , then that supplier can only have option to approach the court against you.
- Hence, without taking any tension , send a compliant to the police official or send a legal notice to the said supplier
- Further an FIR cannot be lodged against the payment in the business transactions , hence no need to apply for getting bail from the court.
You can contact me , if further suggestion needed
