your claim is barred by limitation
suit filed by you would be dismissed
you can file criminal case of cheating against your cousins and broker
Limitation to file a criminal case after 12 years
Dear Sir, We have a dispute with two companies who have supplied was feed materials. We have made the payment to the companies in advance and post receiving feed materials. After two years company filed a civil money recovery case againist us stating that the payment we made was adjusted to other companies of our cousins and this was made as per the instructions of a broker. The said broker does not have any written instruction from us to do so. Also our cousins have actually gave cheques to the respective companies for their liability and filed a false PCR againist us that we have stolen the cheques from thier house and gave it to the company. However this case was dismissed after filing of B report by police as it was a wrong case. Inspite of all the we lost the case and appealed in high court and the case was remanded back and again in the case we lost. Recently we have found the notarised copies of Income Tax Returns of our cousins and where they admit their liability to the companies who have filed case aganist us and the broker along with my cousins have wantedly misled the court and filed cases againist in 2012 and we have ITR of my cousins from 2009 till 2017 where they admit the liability to both companies which is exactly the principal suit amount. Now already we are appeal in high court for the remanded case and can we now file a case aganist broker who has adjusted our payments to my cousins without our authorisation and all the payment were made purely from our company account to their account and also against my cousin using the proof of ITR where they admit thier liability to company and auditors who have signed the audit reports are ready to admit the facts. The delay in filing case was due to non availability of proof and today we have the proof and auditors are willing to come to court or station and testify the same. Can we now at this time file the case as they broker and my cousin have colluded with each other made us pay the company.
Asked 3 years ago in Criminal Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
7 Answers
Limitation starts from the date of knowledge of offence not from the date of discovery. An offence committed in 2000 if discovered in 2022, it will be within limitation. You can claim that the offence has come to light after of discovery of claimed documents. File criminal complaint in the Court of Magistrate as police will hesitate of register FIR. A direction will be issued to police to investigate, produce the documents, FIR will be registered, accused will brough before Court, charge sheet will be filed and after trial, accused will be punished. File complaint for cheating and criminal breach of trust.
If the punishment for the offence is more than 3 years imprisonment ,criminal case can be filed at any time.
Further the limitation period starts from the day when an offence is committed or when it comes to the knowledge of the aggrieved party or police.
Availability of proof or evidence is not considered in determining the commencement of the limitation period.
Since you have discovered the evidence agaisnt the opposite parties recently which clearly shows that they have manipulated their documents which clearly indicates their fraudulent intention, you may file this as additional document to support your claim in the appeal suit
If the documents discovered very lately but you have already made pleadings in this regard before the trial court though your claim was not supported by documentary evidences, you may add this newly found documents to support your pleadings in the appeal.
Limitation will depend on the date of knowledge. In many cases in criminal limitation is not there and you can file the same on case to case basis
Dear Client,
yes. you can file a case against that broker as you have proof now to show his wrong.
- As per law, the limitation for filing the case for offences that are punishable with fine only 6 months
- Further, for the offences that are punishable with imprisonment for a maximum term of 1 year is limited to one year, and in some cases it is 3 years from the date of cause of action.
- However, you matter is different and continuing in nature , hence the limitation will be start from the date of knowledge , then you can file a complaint firstly to the police and higher official against the cousin and said broker
- If no response , then file a compliant before the Magistrate under section 156(3) of CrPc for investigating the case and lodging an FIR against them.
