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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11 Answers
Sir you are mentioning anticipatory bail. Can the police threaten to arrest us on the basis of false complaint ?
Asked 3 years ago
It's well settled law that mere business transaction giving rise to non payments does not involve criminal offence of cheating.
Therefore if FIR is registered then take bail and then go for quashing.
If an fir has been registered under grave sections ie 406 420 etc. which are non bailable the police may arrest you/harass you.
Therefore it would be better to take anticipatory bail.
It is basically a civil dispute
kindly clarify whether any FIR has been filed against you
if FIR is filed against you then apply for anticipatory bail from sessions court
Police has to issue you notice to record your statement
there is no automatic arrest
Dear sir,
1) Non payment of supplier will be a civil matter, and police cannot threaten you on complain.
2) You can get a copy of FIR from the police inform them about the covid and delay
3) You can also Approach the Superintendent of Police (SP) - in writing, and by post, that the police is interfering with a dispute of civil nature.
Thank you
No its not a police case he needs to file civil recovery case in the said matter
1. 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.
Whether the complaint is true or false would be decided by the court only and not the police.
The police will do their duty on the basis of the complaint received by them.
Hence as a precaution, you may better obtain anticipatory bail before approaching the police and then challenge the case properly in the trial proceedings, if the FIR has been registered.
Delayed payments to vendors cannot be treated as cheating unless there is a clear intention of getting supplies and don't want to pay. you can issue a legal notice to your vendors informing the revised schedule of payment explaining the reason for delay in making payment and asking them to refrain from lodging complaints to police. Even you can communicate to police also that you are not denying the liability and you wanted to make the payment under the revised schedule.
still if police register the case or causing inconvenience, you can invoke the jurisdiction of court either for anticipatory bail or seeking quash of the FIR if registered.
- 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
You can contact me , if further suggestion needed.
