Legal Question in Criminal Law in India

Sir,

I am C.selvam from Coimbatore ,Tamilnadu and engaged in manufacturing supplying of boiler's spares from Dindigul, Tamilnadu before 2012, to Thermal power plants .

1) We had supplied some of spares to tune of Rs. 10,00,000/ one M/s.Aurobindo Agro Energy Pvt.ltd., Kalaiyarkovil ,nearby Sivaganga dist, Tamilnadu. during one full complete year as per the orders given by the Company ,managed by one Mr.Karthick, Managing Director, appointed the company Directors and he used to pay the bills one by one as per the bills supplied

The company run by one of Directors, Mr.A.K.R.Farrok, from Chennai during the time,a one scrap and iron and steel merchant in Guindy ,Chennai.

Finally Rs.6,24,000/ were pending as unpaid and company kept closed in between and we made several efforts to recover the dues from the company and fianally the company failed to settle the dues.

Then we made suit against the Managing Director Mr.Karthick and the Director A.k.R.Farrok before the Additional sub-Magistrate ,Dindigul,Tamilnadu the respondents were not appeared before the court and

finally Magistrate issued the order to pay the dues with interest @6 % by 2015

But the company managing Director Karthick and the Director A.k.R.Farrok were not ready to pay the dues and interest.

2. we had supplied some of the equipments to one M/S.Enmass GB power Systems projects ltd.,

Chennai to the of Rs.44,00,000/ in the year 2012 and the company paid the bills but with Rs.3,14,000/

as pending

and we made suit with MSME council at Coimbatore and the council issueds 3 times summons to the company but the Enmass GB power Project systems never appeared before the council

Hence, the Council issued the orders to above mentioned company to pay the dues with three times bank interest.

I kindly request here how to recover the money from these two parties thro under sec.IPC 420?


Asked on 7/30/18, 10:43 am

1 Answer from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir/Ma'am,

You cannot recover money through nature of crime involving criminality, since as told by you is nature of business that mostly involves contractual obligation,Civil issues, and solved by claiming your money through by filing Civil suit.

Read more
Answered on 8/16/18, 5:34 am


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