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FIR against company

If FIR is filed against a private company for non payment of bills to contractor, what shall be the legal course of action of the company?


 7 Replies

saumit joshi (advocate)     08 July 2009

Dear your detail is not sufficient under which section FIR registered ?and in FIR whose name is written as accused? you may go for anticipatory bail if  matter is complicated. and than after if evidence supporting with company's favour than you go for quashing of FIR in highcourt.

PARTHA P BORBORA (advocate)     08 July 2009

if the Company has not paid the bills of the contractors only a CIVL case is maintainable. no criminal case will lie.

Dharmesh Manjeshwar (Advocate/Lawyer)     08 July 2009

Yes, no criminal offence is committed if bills are not paid by a Company to the Contractor .....  this will give rise to only a civil case for breach of contract .......

Ur query is insufficient as to under what sections FIR has been filed against the Company, if there is any  ......

saumit joshi (advocate)     08 July 2009

learned friends suggest right that only civil action is initiated but as per my view contractor can registered FIR under various grounds with the help of police department. he can put up case with cheating as well as also go for other IPC sections. it may be possible whether company given cheques for outstanding amout which is bouce. sec 138 of NI Act also applicable.

V.S.R.Deekshitulu (B.Sc, B.L)     09 July 2009


Here in this case the contractor has perfored his duties, because of the assurance given by the company to pay him the amount, hence  the company has to pay the bills.  suppose the company fails to pay the bills is it not cheating, and would it not come under the purview of "Cheating" as envisaged under IPC. Just have a thought.  Civil action is always available. Basically thecontractor was betrayed and was made to perfom his duty on the promise of the company. This is my view


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Jatin Sapra 9312223345,Delhi (Advocate)     09 July 2009

Hello everyone,

 If FIR is registered against company the officer incharge of the company who is responsible for the acts and persons who are named in FIR will be prosecutedaccordingly.

 The sesivity of the case depends upon the sections charged in FIR.

 Take legal opinion after showing FIR and documents .

PARTHA P BORBORA (advocate)     09 July 2009

the queary is wheather an FIR can be filed agaist a company for not payment of bills to its contractors?in this case civil reamedy is available. the police may register a case or even may submit charge sheet but in the long run of the trial the prosecution will fail to pove any crime if the allegation is that the company has not paid rhe bills to its contractors. moreover a quash petition will lie agaist the FIR.

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