Hi Freinds

Need your help urgently. My freind is working in a company and has filed an FIR on behalf of  company against a dealer for cheating. Police has filed an FIR under 420 & 406,407

The FIR was filed by my freind on behalf of the company but the complainant name on FIR first page shows her name and not the company's name. The second page where the compalint is mentioned though mentions that she is authorised signatory of the company.

Is it a thing to worry for her? Can she get it amended ? will she have to go to the court? wht is the procedure police normally follows in such a case? Can she be summooned by court even if she leaves the company

she feels that the case should be company against the dealer and not against her and the dealer....what should she do? 

Please advise..will truly appreciate

Sanjana

the name mentioned in the complainant column of your friend is of no worry ,she had filed a complaint on behalf of her company as she may be the authorised signatory for it .

yes police or court will summon her even she left this company for the investigation of this case.

normally it will takes 2 to 6 months by police to represent the challan before the court and then the summons will be issue to the accused dealer and court proceeding will start ,after that evidences and arguments will take place as per the procedure .genrally cases like such takes 2 to 4 years for disposal in the trial court and if after that the suffered party goes to the appelant court then ,it will take more time.

feel free to call.

the name mentioned in the complainant column of your friend is of no worry ,she had filed a complaint on behalf of her company as she may be the authorised signatory for it .

yes police or court will summon her even she left this company for the investigation of this case.

normally it will takes 2 to 6 months by police to represent the challan before the court and then the summons will be issue to the accused dealer and court proceeding will start ,after that evidences and arguments will take place as per the procedure .genrally cases like such takes 2 to 4 years for disposal in the trial court and if after that the suffered party goes to the appelant court then ,it will take more time.

feel free to call.

There is no need of worry for her. There is no need to alter the FIR and it is not done.  What the Investigation reveals matters most than what FIR contains, of course the substance should not run contrary in as much as possible.  If the recorded statement of complainant attached to charge sheet/challan is given by her and reduced in writing by the I.O. as authrised signatory of the company, there should be a clear authorisation given in writing by the competent authority to that effect and she has to attend the court to record her evidence, if any and face cross examination by the adverse counsel.  Why should it be feared as long as she is honest...?  Discharge the responsibility boldly in the interest of justice.

Thank you very much sir for your reply. She is getting married in September and will be going to US with her life partner and settle there. How should she tackle such situation or she need not worry and her company and the lawyer company appoints will take care? Also pls suggest if the company should hire a lawyer now or wait for chargesheet/challan to be filed in court. Thanks