Non payment of price of goods by dealer

Querist : Anonymous (Querist) 05 January 2022 This query is : Resolved
To
The respected senior fellow experts
A dealer of our company had not paid for the goods delivered by our Company in spite of repeated intimation letters for payment were send from our company. More than six months had been passed since the last intimation letter dispatched.
One clause in the agreement between dealer and company is/was " UNTIL FULL PAYMENT MADE BY THE DEALER THE PROPERTY IN GOODS REMAINS TO THE PROPERTY OF THE OWNER(COMPANY)".
My query to the respected fellow experts is:
On the basis of the above written clause can we lodge a FIR under section 415(cheating) & under section 403(criminal misappropriation of property ) under IPC?
Regards
Abhijit

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P. Venu (Expert) 06 January 2022
The facts posted suggest no criminal offence. The seller has a charge the merchandise sold. He needs to take action to enforce the charge. Perhaps, a well drafted legal notice could lead to the issue being settled without too many a hassle.

Dr J C Vashista (Expert) 07 January 2022
Yes, it attracts provisions of section 403 / 415 IPC.
Besides this, it is civil nature case for which you may issue legal notice followed by suit for recovery with interest, as per agreed terms.

Querist : Anonymous (Querist) 07 January 2022
Thanks to Sir P. Venu and Dr. J C Vashista for sharing their valuable views to clarify my doubt.
Actually I think, to pursue a defaulting debtor filed a Criminal suit may achieve more fruitful result rather than civil suit. That is why I mentioned the sections(403/415 of IPC).
I do not know whether my view was right or wrong.
Again thanks to all the senior experts.
Regards
Abhijit

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