Context: Party 1: Petitioner ( Self) Party 2: Respondent I ( Party 1) filed FIR with police under sections 420, 406, 467 for a fraud and cheating by a machine manufacturer ( Party 2) who didn't deliver the machine on time, after several attempts to resolve the issue and extending deadlines over 6 times. Reason i filed FIR was only after facing heavy losses and Party 2 didn't return advance payment of over 10 lakhs. Within few days of investigation, Party 2 approached high court saying Party 1 is only exerting the pressure and machine is ready for delivery but Party 1 is not accepting delivery. High Court granted stay on arrest of Party 2 till charge sheet has been filed. (Without seeing any evidence whether machine was ready or not) Upon investigation, no machine was found; police also described non cooperative and manipulative behavior of Party 2 in case diary. Party 1 didn’t take up this matter with high court and instead waited for chargesheet to be filed. Charge sheet filed after several months, Now party 2 approach High Court again for quashing of charge sheet under 482. They don't claim they're innocent based on merits of case neither challenge anything. Instead they told the court they're ready to return the money and chargesheet be quashed. My advocate accepted their proposal and received 25% money of the advance amount and Party 2 assured court they will return the rest of money in next hearing and stayed the trial procedure under local court. Recently, On next hearing, advocate of Party 2 informed court that their clients were out of India hence couldn't make payments. a. Their in person presence wasn't required. b. They didn't provide proof they were out of India. c. They could have wrote a cheque of amount before going abroad to their advocate ( Previous payment was done by cheque). None of these points were taken up by the Judge and instead gave this logic to my advocate which came as a shocker. " You know how much time it will take you to get your money back from other options, if party 2 is paying money, what's the problem" We opposed this but to no help. Court only asked party 2 to comply with the court order till next date and stayed the local court procedures again. Judiciary seems to be in hurry to discharge the case so quickly that they don't even consider the merits of case or even seen the case in totality. This is not first or second time Party 2 has defaulted on his commitments, and i have reasonable evidences for it. Surprisingly i have faced multi level trials, first by police now court, but the accused never appeared to either local police nor local court to clarify his version of truth. Neither they filed application in local court for their innocence to dismiss the case. I was told quashing of chargesheet is for rarest of rare case, the way i see it is a instrument of compromise and an opportunity given by court to a chargesheeted individual to correct the course. My Questions: 1.What options does party 1 have, if on next hearing, Party 2 defaults on paying money or comes up with another excuse or makes part payment? Recovery suit? Pray High court to remove stay from procedures? Pray High Court to make a fresh case of contempt of court order? 2. Can approach high court be approached before the day of hearing on section 482 (Which is more than one month later) and pray for removing stay on trials against Party 2 conditional till they make payment? 3. Can another FIR be filed on another ground legitimately? Party 2 not only delayed machine delivery but also manipulated information vital to make purchase decision ( which has not been included in current case so far) a. Customers provided for reference never purchased any machine. b. Date of establishment listed in website says 1991 where as VAT records show they're in business since 2013 only. 4. Can i pray to high court on next date not to discharge the case, rather provide me money ( if Party 2 is paying on that day or not) as per court order and still ensure Party 2 face trial? This will be change in stand as my advocate committed to withdraw of case if party 2 makes payment. ( High Court is listening to case u/s 482 only). 5. Can I file a complaint in consumer forum if my case is already pending in a criminal court or even if high court dismisses my case? How Much Compensation should be legitimate? 6. It is not mentioned in court order that if party 2 pays the money in front of court, case will be dismissed but my lawyer says we can’t ask for trial as well as money otherwise court will get ‘annoyed’ with such demands. Otherwise Party 1 has to return money to party 2 if they don’t agree to this settlement ( even if it belongs to party 1 in first case) How much is this correct? Looking forward to guidance. Sincerely Dev x
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If respondent no 2 defaults in making payment on next date move HC for setting aside stay order passed by HC as respondent had failed to make payments
2) no need to file another FIR
3) it is in your interest to accept balance payment as litigation is long drawn process and may take years to be disposed of
4) you can't ask for trial and your money . The objective of quashing is to put an end to litigation on account of compromise arrived st between parties
1. A recovery suit can be filed
2. Yes you can approach the high court seeking this relief.
3. You can try the option of filing a cheating case with the local police.
4. You can make firm stand on recovery of your dues and all the possible legal ways to stop the opposite party to play the same gimmick once again.
5. The compensations to be sought through consumer court may depend on how you assess the damages overall
6. Your lawyer is trying to misguide you with irrlevant matter, better take a second opinion from some other lawyer in the local by narrating all he events in person.
1. You may request the HC to dismiss the case if the party 2 commits default. However, no contempt is made out unless it is the final order.
2. Two FIRs cannot be filed for the same offence arising out of the same transaction.
3. Pendency of the criminal case does not preclude you from moving the consumer forum or civil court if there is a cause of action.
4. The FIR and the quashing petition along with interim order passed by the HC needs to be perused before anyone can form an opinion.
