• Corporate fraud

We are delhi based company. We buy goods in wholesale. We transfered Rs. 26 Lakhs in one of the supplier account. They just gave us product for 8 Lahks and since two month they are not giving us rest of the product and not even refunding our money. Online we found out they did a fraud with lots of companies. We went to police they gave a time line to police also. But they are not listening to police also. What should we do? We have filed the FIR.

1. What should we do?
2. How long it will take to get our money back through court. I have heard Courts have a long wait.
3. That company already did this in past but it does not seems like they are concern.
Asked 12 months ago in Criminal Law from United States
Religion: Hindu
1. File a writ petition against police inaction so the police becomes active to arrest the culprits.
2. File a civil summary suit for recovery of money.
3, Their past acts should put them in more trouble at the time of taking bail if you bring that to the notice of the court.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
this is not a criminal offence but only the civil dispute for non-payment or non-delivery of goods.

issue a legal notice to them and demand your money back or goods if they are not ready to return the money back or deliver the goods then file a civil suit for recovery or civil suit for specific performance.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
1. If they are not heeding to the instructions of police then they should have been arrested by now, more so as the FIR has been filed. If police does not act against them then seek the intervention of the court to issue the necessary directions so that the culprits are brought to book.

2. However, you must note that by merely filing the FIR you cannot get back your money. You are required to file a lawsuit to recover your money with interest and compensation.

3. The courts are going to give a fair opportunity to the opposite party to defend the case. So it will take time. In Delhi the courts are much quicker in disposal than in other parts of the country.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
If FIR has been registered by police, you should pressurise the police to arrest the party on the basis of FIR.
If th police are not effective in heir action, a petition under section 156(3) cr,p.c. may be filed before the Judicial magistrate court.
Alternately summary suit for recovery of money may be filed in civil court.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
1. What protective measures you had taken to secure the credit you have allowed to the party?

2. To day it has come in Newspaper that in kolkata CBI has arrested a person for cheating multiple suppliers by not making payment of amount totalling to around 20 Crores, as per Court order,

3. Since you have already lodged police complaint, you should now file a Writ Petition  before the High Court against police inaction praying for remedy,

4. If you file Recovery Suit, it may take 4/5 years  to be dis[osed of.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
They will have to appear in Delhi to contest the case unless they are exempted from appearance by the court. Look the disposal time depends on factors like pendency of cases in the court where the case is filed, judge-population ratio, etc. The courts in Delhi are among the fastest in the country. So you can expect it to be done within a year to 18 months.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. If you file a case at Delhi then certainly hey shall have to attend the hearing at Delhi,

2. It can not be even assured now whether you will get back the money or not without seeing the papers to prove that they owe the said money to you,

3. Court cases take long time in India. Winning of a case depends on the evidence/documents you produce before the Court in support of your claim,

4. If you can produce convincing evidence, the case should be disposed of with in 1 to 2 years.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
Litigation in civil courts will generally take time to get disposed.  However the money recovery suit are getting disposed within a year in Delhi sector.  There are chances for quick justice to your case. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
You may file suit under specific relief act for performance of contract. It is a civil nature case and no criminal investigation can be initiated on this fact because no criminal offence is committed by default of agreement. 

If you have proof about criminal intention behind this default then you have right to file FIR, without sufficient proof regarding criminal intention no FIR could be written. 

company has been committed same default against another companies a relevant fact under section 15 evidence act but you have to prove it by sufficient evidence in FIR. 

so collect some evidence for registering FIR till then you may file suit for performance of contract.   
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
1) file summary suit to recover balance amount of Rs 18 lakhs 

2) filing of criminal complaint is for punishment for recovery of money you have to file civil suit 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
1) if the contract provided that in the event of disputes jurisdiction of courts would be at delhi  you can file suit in delhi 

2) you can file summary suit and interim orders can be obtained within period of 1 year to deposit money in court 

3) you can even get a decree if defenses sought to be raised are moonshine .

4) if prima facie case is made out by the defendant it may take some years for suit to be disposed of finally 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0

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