Скачать или смотреть HOW CAN FIR BE REGISTERED AGAINST BUYER FOR DELAYED PAYMENT FOR GOODS & SERVICES? | CRIMINAL CASE

Whenever a Buyer delays Payment for the Goods & Services taken by them, it usually leads to filing of a Civil Case (MSME Case, Commercial suit etc.), However, in certain situations, you may also file a criminal complaint and register an FIR against the buyer to recover your payment.

TIME STAMP:
00:00 - INTRODUCTION
00:40 – DIFF BETWEEN CIVIL & CRIMINAL CASE
01:04 – WHEN TO REGISTER A CRIMINAL CASE AGAINST THE BUYER?
01:40 – HOW CAN AN FIR BE REGISTERED FOR DELAYED PAYMENT?
03:24 – DRAFT/SAMPLE OF THE FIR
05:20 - SECTIONS UNDER WHICH FIR IS REGISTERED
05:40 – STEPS AFTER REGISTRATION
06:51 – CONTACT US

Filing a criminal complaint can be very effective in recovering dues, especially in cases where:
a) The buyer, a Pvt. Ltd. company, has misappropriated funds and is about to close or enter insolvency.
b)The buyer has committed criminal acts like cheating, fraud or intimidation. c)The recovery amount exceeds 25 lakhs.

Advantages of filing a criminal case over a civil case include:
a) Investigations by the police or Economic Offence Wing create pressure on the buyer.
b) The buyer has to seek bail once the case is registered.
c) The buyer can face police custody or imprisonment, unlike in civil cases.

Therefore, due to the all the above advantages, by filing a criminal complaint, the payment can be recovered effectively and efficiently.

However, mostly these recovery disputes are of Civil Nature, and therefore Police often does not easily register an FIR or accept your complaint specially if the complaint is not strongly drafted.

In case you want to register a criminal case against your buyer, for the Non Payment or Delay in Payments for your goods & services then keep the following points in mind:-

1) Always file a written/Typed complaint against the Buyer, no action is taken against the oral complaints. If required, consult a Criminal Advocate.

2) In the complaint, include these key points:
a) Mention criminal acts such as cheating (Section 318, BNS), breach of trust (Section 316, BNS), and criminal intimidation (Section 351, BNS). Focus on criminal behavior, not just payment recovery, to avoid the case being dismissed as a civil dispute.
b) State that the buyer intended to cheat from the start of the transaction.
c) Goods & services were supplied based on the buyer’s promises and assurances.
d) The buyer intentionally delayed payment after receiving goods.
e) Despite repeated requests, the buyer refused payment and issued threats. f) The buyer claimed GST Input Credit and deducted Income Tax for goods/services without making actual payments, thereby cheating both the seller and the government.
g) Highlight that the buyer misappropriated funds and may leave the city or country, making recovery difficult.
h) Due to these circumstances, an FIR must be registered.

3) The Draft of the Criminal Complaint has been shown in the video, you can check from there and accordingly file your criminal complaint and register your FIR in order to recover your dues.

4) This FIR shall be registered in following section –
a) Section 318 of BNS (Cheating)
b) Section 316 of BNS (Breach of Trust)
c) Section 351 of BNS (Criminal Intimidation)
d) Section 336 & 338 (Forgery)

Post-complaint process:
In such economic matters, after filing of the complaint, the Investigation Officer(I.O) first sends a Notice to the Accused Buyer U/s 41 of Cr.Pc or now Section 35 of Bharatiya Nagarik Suraksha Sanhita to join the Investigation. Usually at this stage the parties enter into a compromise.

If there is no compromise, then the Accused Buyer can be arrested and in that case the Bail shall be possible only in the cases where he makes the full payment to the Seller/Complainant and settles the dispute.

Arresting of the Accused Buyer in these cases is very important, take all steps to keep the Investigation Officer on your side, so that he can fairly investigate the matter and arrest the accused. After registration of the FIR, timely keep a check on the ecourts website to check if Anticipatory Bail is filed.

For Payment Recovery issue, also Check Out our other videos regarding MSME Samadhaan -
A)    • HOW TO FILE YOUR CASE UNDER MSME SAMADHAAN...  
B)    • STEPS TO FOLLOW AFTER FILING OF CASE ON MS...  

For additional support on delayed payments and MSME Samadhaan, or for questions regarding criminal actions for payment recovery, contact us at -

MSME Legal Help - Anmol Bakshi, Advocate
Website - www.bakshiandassociates.com, www.msmelegalhelp.com

Mobile – 9990755573, 7982637108, 9873750515, 9811680103, 9811099501 and 9953030208.

E-mail ID - [email protected], [email protected], [email protected], [email protected],

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