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MANISH NATH (LEGAL OFFICER)     24 July 2009

FIR

When the OC of  a police station rings up the accused who are employees of a pvt. company telling them that an FIR has been filed against them for non payment of his bills by the company to the company, and also telling them to appear before the o.c and to settle the matter otherwise the police shall have to arrest them, what shall be the steps we have to take on behalf of the company.

Further do the employees named in the FIR have to appear before O.C. as told by the latter.

 



Learning

 6 Replies

Adv. Deepak (Advocate)     24 July 2009

When you have been called by the police, it becomes your duty to cooperte with them.  Otherwise, non-cooperating with the police will become an offence and for which you may be arrested.  Before making any statement to the police, you can say that you want to consult your lawyer and call him.  Your lawyer will have the right to see the FIR lodged against you, assess what offence does it make and whether it is cognisable or non-cognisable.  When the outstanding bill amount is huge, then police has got the right to intervene and make efforts for amicable settlement, they have got the powers of executive magistrate.  The only way out is assure the police that you will settle the outstanding amount and ask for the time to make payment.

Kiran Kumar (Lawyer)     24 July 2009

dear such type of calls r being used as a tool these days

police can not deal with civil matters.....non payment of bills can invite recovery suit not prosecution.

 

make sure it was ture call or fake call.

 

how the police can arrest when there is a complete civil liabilty?????

 

no scope of FIR in such situation.

 

if it is a true call then make a representation to the senior officer...apprise them of the unnecessary interference in civil matter.

MANISH NATH (LEGAL OFFICER)     28 July 2009

Can anybody  urgently provide me a decision/citation whereby it is stated that police cannot interfere or register an FIR in a matter relating to non payment of contractors bill which is essentially a civil matter having civil cause of action.

Please revert urgently. I need it today itself. 

 

aatma   28 July 2009

The judgment of the Madras High Court quoted in the news report below could help you in criminal cases.

Keep off civil disputes, HC tells police

It Will Only Result In Huge Pendency Of Cases: Judge

TIMES OF INDIA, CHENNAI 13 July 2008

Chennai: Can criminal proceedings be initiated for issues concerning credit cards, personal loans, housing loans, hire-purchase schemes, default in payment of instalments and cheque-bounce cases?
No, is the Madras High Court's emphatic answer.
Neither the judicial/metropolitan magistrates shall entertain any private complaints from corporate firms in this connection, nor shall the police register criminal cases against persons concerned to please their corporate complainants, said Justice R Regupathi.
Not stopping with that, the judge directed the high court's registrar (vigilance) to compile state-wide statistics on the number of private complaints lodged for these civil disputes, and the orders passed by the magistrates concerned.


Narrating the novel system adopted by private financial institutions/banks, the judge said they file private complaints before magistrates and secure an order directing the jurisdictional police to register a criminal case and carry out investigations under Section 156(3) of the CrPc. Despite the fact that the dispute is civil in nature and the police are under no obligation to register any case, police personnel contact the persons and intimidate them to repay the credit card payment or personal loan or hire-purchase amount due to the bank. Citing two specific cases that came up before him, Justice Regupathi said in both cases though there was nothing to investigate, the magistrate concerned, "with oblique motive to convert a civil case into a criminal case," directed police to register a case and probe.

CURBING ABUSE

Magistrates asked not to entertain private complaints
Police not to register criminal cases in such complaints

Erring magistrates warned of stringent action

HC registrar asked to compile statistics on number of private complaints
Also asked to report on the orders passed by the magistrates concerned


 2008 The Hindu: https://www.thehindu.com/2008/08/22/stor ... 311000.htm

Bhumik Dave (Law officer)     23 August 2009

I m with Kiranji

Thyagarajan (Property management)     12 January 2010

Originally posted by :aatma
" The judgment of the Madras High Court quoted in the news report below could help you in criminal cases.

Keep off civil disputes, HC tells police

It Will Only Result In Huge Pendency Of Cases: Judge

TIMES OF INDIA, CHENNAI 13 July 2008

Chennai: Can criminal proceedings be initiated for issues concerning credit cards, personal loans, housing loans, hire-purchase schemes, default in payment of instalments and cheque-bounce cases?
No, is the Madras High Court's emphatic answer.
Neither the judicial/metropolitan magistrates shall entertain any private complaints from corporate firms in this connection, nor shall the police register criminal cases against persons concerned to please their corporate complainants, said Justice R Regupathi.
Not stopping with that, the judge directed the high court's registrar (vigilance) to compile state-wide statistics on the number of private complaints lodged for these civil disputes, and the orders passed by the magistrates concerned.

Narrating the novel system adopted by private financial institutions/banks, the judge said they file private complaints before magistrates and secure an order directing the jurisdictional police to register a criminal case and carry out investigations under Section 156(3) of the CrPc. Despite the fact that the dispute is civil in nature and the police are under no obligation to register any case, police personnel contact the persons and intimidate them to repay the credit card payment or personal loan or hire-purchase amount due to the bank. Citing two specific cases that came up before him, Justice Regupathi said in both cases though there was nothing to investigate, the magistrate concerned, "with oblique motive to convert a civil case into a criminal case," directed police to register a case and probe.

CURBING ABUSE

Magistrates asked not to entertain private complaints
Police not to register criminal cases in such complaints

Erring magistrates warned of stringent action

HC registrar asked to compile statistics on number of private complaints
Also asked to report on the orders passed by the magistrates concerned

 2008 The Hindu: https://www.thehindu.com/2008/08/22/stor ... 311000.htm
 
"


 


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