• Non payment to supplier due to business problems, can police call

There is pending payment to supplier and slowly it is being paid and has been cleared more than 50% during last few months and you intend to pay but not able to pay immidiately and hope to pay  but time can not be fixed. In such case    Can police call you if you are not in a position to pay immediately to your supplier ? If  yes what should be the action at our end.
Asked in Business Law from Mohali, Punjab
1) it is a civil dispute 

2) if you fail to pay supplier can move civil court for recovery of money due and payable 

3) in the event any police complaint is filed mention it is a civil dispute that you have already paid 50 per cent of amount 
Ajay Sethi
Advocate, Mumbai
28588 Answers
1551 Consultations

5.0 on 5.0

1. Police has no role to play in a dispute of this nature where the amount agreed to be paid has not been paid. The only legal recourse available to the supplier is to file a lawsuit for recovery of money, which the debtor can contest in defence.

2. If police calls you then immediately seek anticipatory bail.
Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

5.0 on 5.0

1. Unless and until the creditor lodges complaint with police in writing about commission of cheating by you, the Police can not interfere in this.
2. If Police calls then get sure as to whether a FIR is registered or not. 
3. If indeed FIR is registered then apply for anticipatory bail first before meeting the police.
Devajyoti Barman
Advocate, Kolkata
7314 Answers
84 Consultations

4.9 on 5.0

If the amicable talks with the supplier fails to yield the desired result, he may take a legal route either through court or through police by lodging a cheating case against you.
Therefore in your own interest and benefit, you may sit and talk to him with assurances for payment and to evidence your assurance, you may issue some post date cheques in his favor.  Even if the cheques get bounced, he may resort to a case in the court and not through the police action, which will give you breathing time to settle the dues during the course of the case proceedings. 
T Kalaiselvan
Advocate, Vellore
18773 Answers
176 Consultations

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