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Police complaint filed in Nepal

This query is : Resolved 
 

(Querist)
30 June 2008

A friend of mine was importing goods from a Nepal company. After a period of about 7-8 years of business, there was a dispute about the outstandings. The Nepalese party said that they have to recover money from the Indian buyer where as the Indian buyer said that it has remitted excess money. Money transfer was by bank and on account.

Nepalese party has made a complaint of fraud in Nepal against the Indian party. An employee of Indian party visited Nepal about a year before the business came to an end. The complaint of fraud has been filed after about 1 and a half year after the last transaction of business between the two parties.

There is a civil suit pending before High Court in India which was filed by Nepalese party and a counter claim by Indian party.

What remedies are there to get the complain of fraud quashed in Nepal? Whether the Indian party has to hire an advocate in Nepal to get the justice? Whether the Indian party can write to Nepal police with the facts of the case?

You may not be aware of the Nepal law but please reply on the above facts treating as if the complaint has been registered in India against some Nepalese party.




Guest (Expert)
30 June 2008

Whether the complaint to the police has reached the Criminal Court there or what is the status. Is any NBW issued by the Nepal Court.

Only if complaint is taken forward by the Police in the legal course, you will have to worry. If it is dead with the police, why should the indian worry.

deepak kumar (Expert)
30 June 2008

the best course would be to contact a good advocate in nepal and see what the nepali law says. The nepali party has already agreed to the jurisdiction of Indian Court by filing a civil suit. as per Indian laws the civil case and criminal case both can go on.

arunprakaash.m. (Expert)
02 July 2008

Yes you can appoint an advocate in Nepal to look after your case. otherwise you can cotact Indan counsel General in Nepal to assist in your case

Lakshmi (Querist)
17 September 2009

As no intimation was received from Nepal, hence, the Nepal Party was able to get a NBW from the Court.

Please inform the name of good / inexpensive advocates in Nepal who can handle such cases.

riven



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