LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


Non-payment by a foreign company on contract entered with indian company

Can a Private complaint be lodged under Cr. P.C. (For breach of trust & fraud) against a 'Foreign company' which has defaulted in payment to an 'Indian Company'? 


 5 Replies

Prakash Yedhula (Lawyer)     17 May 2008

Unless the agreement and the nature of transaction in made available it is difficult to answer your query

amit gupta_lawyer (lawyer)     19 May 2008

generally in this type of cases agreement plays a very important role and the contents of that agreement is very much essential to answer ur query.

The contents of the agreement is very exhaustive, here are the salient features :- (1) Indian Company agreed to develop and deliver certain software programee, the payment of which is to be made by the foreign company in agreed currency on certain due dates; (2) After the project was over, the foreign company stopped interacting with the indian company and evaded payment; (3) Jurisdiction is Indian legal process (there is a mediation clause also); NOW, the question is "can a 'Private complaint under Cr. P.C. Sec 200 be filed against the foreign company at Indian courts?"

Ajay kumar singh (Advocate)     20 May 2008

How can a company be punished under criminal laws ? Can the money be recovered through a criminal proceeding easily?Who will personall be blamed for criminal breach of trust?Is there any entrustment of property? It is not a good case of criminal breach of trust. It is better for you to file a civil suit(money suit) against the company.

Rajesh Kumar (Advocate)     21 May 2008

It is a contractual relationship- and not a relationship of trust; hence criminal action cannot be inititaed. It is a case of breach of contract, and should be persued in that manner only. In order to pressurise the company to pay, criminal ction is sometime suggested, but it confuse the issue and later nothing could be done. Better file a civil suit, with all its limitations of delay, court fee etc.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register