Recovery of payments

Querist : Anonymous (Querist) 14 November 2011 This query is : Resolved
Under duress I accepted part payments of my bills as full and final payment from another firm and did not report the matter of cheating to the police.
Can criminal case be filed against the proprietor of the firm against big loss caused to me.Please cite the cases

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Devajyoti Barman (Expert) 14 November 2011
If you have acknowledgment of the payment as full and final in writing then I have a very poor case in hand.

You though now may initiate a criminal case u/s 200 crpc , I so not see much merit in it.

Raj Kumar Makkad (Expert) 14 November 2011
Once you accepted payment under any condition, you lose your further rights to claim for damages or balance payment.

If you raise criminal action against such person immediately establishing those circumstances as duress only then you may make your desire fulfilled

Rajeev Kumar (Expert) 14 November 2011
I do agree with above experts

ajay sethi (Expert) 14 November 2011
when did you accept part payment of bills in full and final settlement ?

you have stated that it was done duress . if considerable period of time has elapsed you wont get any order in your favour .

since you have accpeted part payment in full and final settlement the complaint if any filed by you would be regarded as an after thought

Shonee Kapoor (Expert) 15 November 2011
Agreed with experts.

The court would view it as.... Pahle Bhaagte Bhoot ki Langoti sahi, ab bhoot kaaboo mein aa gaya hai to us se saare kaam nikalwa loo,

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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