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Mahesh Yadav   23 January 2022

Notarized agreement is valid to file fir ?

Respected Members,
Notarized agreement made towards promise of payment in month on Rs 500 stamp paper.
Last date of payment is 10 Jan 2022 is mentioned on agreement but party unable to deliver the amount.

So can Notarized agreement is valid to file police complaint against the party ?

But police is not taking the complaint they are saying notary is not valid to file FIR or you may approach court.


Party is delaying payment since 2019 and Now fresh notarized agreement prepared on 11 Dec 2021.


Please guide me what to do next.



 10 Replies

Adv. Mohit Chahal (Advocate)     23 January 2022

After passing of last date of payment, You may file suit for recovery in civil court in addition to police complaint. You don't need an evidence for registration of FIR. The police would collect evidence during investigation after registration of FIR.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site
1 Like

Mahesh Yadav   23 January 2022

Thanks for suggestion, but police is not taking my complaint. They are telling it's an civil matter. 

Originally posted by : Adv. Mohit Chahal

After passing of last date of payment, You may file suit for recovery in civil court in addition to police complaint. You don't need an evidence for registration of FIR. The police would collect evidence during investigation after registration of FIR.RegardsMohit ChahalAdvocateDistrict & Sessions Court, HisarPhone No. 9968911099https://mohitchahaladvocate.business.site

 

Real Soul.... (LEGAL)     24 January 2022

That is true, it is a civil matter, you can file a recovery suit to recover your money. 

However if you have agreed in agreement expressly stating that if the party failed to pay shall be a criminal breach of trust and would be pebal or fir would be lodged. 

If there is no such mention then only civil suit is remedy and police can do nothing in this. The agreement notrized or registered does not matter at all.

1 Like

P. Venu (Advocate)     24 January 2022

Yes, it is a civil matter. The facts suggest no criminal offence.

1 Like

Mahesh Yadav   24 January 2022

 

In Notarized agreement it's mentioned that if client fail to pay the amount then legal action will be taken. Then also police is not interfering. 

Originally posted by : Real Soul....

That is true, it is a civil matter, you can file a recovery suit to recover your money. However if you have agreed in agreement expressly stating that if the party failed to pay shall be a criminal breach of trust and would be pebal or fir would be lodged. If there is no such mention then only civil suit is remedy and police can do nothing in this. The agreement notrized or registered does not matter at all.

 

G.L.N. Prasad (Retired employee.)     24 January 2022

If you are confused, contact a local advocate, legal action means Civil action for recovery of such money debt.  The police can never involve in Civil matters and it is serious indiscipline if they register any such complaint on money recovery.  Contact advocate means to find such grounds for filing a proper complaint before the police.

1 Like

P. Venu (Advocate)     24 January 2022

I am not aware of any law or legal principle that a criminal offence, that too, a cognisable one, could be created through mutual agreement.

1 Like

Aryan Raj   24 January 2022

In response to your query,

You can file a civil suit against the other party and you don need any evidence for that. As you had a mutual agreement for payment in a written form that document can be valid in the court. And as it is a civil case there 8s no need for a police involvement for filing a case.

Regards,

Aryan Raj 

1 Like

Advocate Bhartesh goyal (advocate)     25 January 2022

police will not register FIR as no criminal case has been made out .It's purely civil nature case,you may file civil suit for recovery of amount on basis of such agreement.
1 Like

Mahesh Yadav   25 January 2022

Thank you sir 

 

Originally posted by : Advocate Bhartesh goyal

police will not register FIR as no criminal case has been made out .It's purely civil nature case,you may file civil suit for recovery of amount on basis of such agreement.

 


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