File summary suit under order XXXVII of code of civil procedure to recover your outstanding dues with interest
2) also file criminal complaint for cheating under section 420 of IPC
Criminal offence or civil case
We did some translation work for a company for 1 year. One last payment of approximate 4 lakh is pending to be received from them. As per agreement signed by both of us, payment was to be made in 30 days. It has been 6 months and they are not paying. In first week of feb 2017 they told me payment would be made next week. But it did not happen. In march when i visited their office they wrote me saying they would invite me for settlement on april 30th but that also didnt happen. So can i file criminal complaint under section 420 and 406?
Asked 7 years ago in Business Law
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6 Answers
1. Yes, it appears they are in the mind of cheating you the money.
2.You have chased for the money enough. Now lodge a complaint u/s 420 IPC with the local police.
3.only under the pressure of criminal case he may return the money.
4. Alternatively file summary suit for recovery of money.
Hi
1) Yes you can file a Criminal case under Section 420.
2) Also please be informed that filing of criminal case will only result in getting the offender going to jail.
3) In order to recover your money, you need to mandatorily file a civil suit.
4) You should Summary Trial case under Order XXXVII (37) of civil Procedure code for speedy recovery of money
5) The real benefit of an Order XXXVII (37) Suit is that unless the Defendant is able to demonstrate that he has a substantial defence in his case, the Plaintiff is entitled to a judgment immediately.
6) So all that a Plaintiff has to show is that it is a case which falls within the ambit of Order 37.
Hope this information is useful.
The criminal cases may not fetch you the desired relief.
It is only for the penal provisions.
It is advisable you file a money recovery suit through civil court which will be more effective and proper remedy.
Though it is time consuming, this option through civil court shall be the right choice.
You may secure the evidence for this properly.
Dear Querist
It is only civil nature case, issue a legal notice to them and claim your money along with interest, if they are not ready to make the payment within notice period then you may file a civil suit for recovery of money Under Order 37 of CPC and that case will be decide within 6 months and you can get your money along with interest and litigation fee.
No criminal case has been made out
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1. This is a civil wrong and also a criminal offence under 420/406 IPC.
2. You should serve a lawyer's notice to the company to demand the release of your dues, and this also becomes futile then a civil suit for recovery of money can be filed in the competent civil court.
3. A criminal complaint under 420/406 IPC can also be filed.
