Harrassment by a vendor
1 year ago
I'm an event planner, one of my events went in a loss. I spoke to my vendors to allow me time to pay them in parts. They agreed for it. Now one vendor has started getting goons to my office and is harrassing me. I told him we both agreed mutually that i will pay in parts. Now he's not agreeing even after requesting him. What can I do here?
A.Dear client,
It is advised to seek relief from police authorities and register an FIR at your nearest Police station. But this does not always come around easily since police often pose reluctance. Following is a comprehensive guide to getting the FIR registered and your complaint filed.
If the police refuses to register your FIR you may avail the following resources in the order of their appearances.
Option 1: If the police refuse to register any complaint -leaving no possibility of any record of the client visiting the police station and desiring any action, attention or cognizance to their cause-
We advice to email the complaint to as many state officials of the Department of Police as possible like the DCP, ACP SP. This is deemed as an official record of the perseverance and attempt to put across the information contained in the complaint and the fact that such complaint was refused by the police officials of the respective police station to be registered on official records.
Delay in filing a complaint:
Sometimes a person against whom an offence has been committed decides to file a complaint or FIR in respect such offence, after a long period of time. In such situation police often express their disbelief of the information provided and proceeds to refuse registering a complaint or FIR.
Rules according to the CRPC of the time-limit within which cognizance is allowed-Section 468
Section 468 of the Code of Criminal Procedure lays down the period of limitation for taking cognizance of an offence.
In your case the offence shall be covered under the Section 506 of Indian Penal Code. "Punishment for Criminal Intimidation" Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.
Hence the time-limit for you would be three years.
There are other options that one can utilize for the purpose of getting the FIR filed.
Option 2: If the police register the complaint but not the FIR, filing an application before the local magistrate under Section 156 Clause (3) of the CRPC for cognizable offences. If the application is accepted thereafter the magistrate may direct the police to register the FIR and to investigate into the matter.
For the application to be taken into consideration the complainant is expected to have sufficient substantiation upon his reasoning when he/she is asked the following questions by the concerned judicial official:
1. is the offence cognizable or not
2. has any written complainant furnished before the police
At this stage you would be expected to produce before the court a copy of the complaint, but if there is no acknowledgement given by the police to you of the complaint being registered, before the filing of this application, you must get the complaint on record via email, or speed post indicating that a communication was addressed to the concerned police station. Also, the complaint must also be communicated on official basis by any which way stated above requesting for the complaint to be registered on official record by the police.
Option 3: Filing the complaint in the magistrate office for investigation -Section 190 and Section 200 of the CRPC
Option 4:
Approaching the High Court directly under-
1. Article 226 Power of High Courts to issue certain writs
2. Section 482 of CRPC
3. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
Important note- The HC urge the complainants to first exhaust all other remedies available to them before approaching them for getting their FIR registered.
Option 5: Filing an application before the State Human Rights Commission for infringement of rights.
Important note- As lawyers we have learnt by way of counseling that instead of waiting upon the police to carry out the investigation, one must assume that the police would be reluctant in their functioning and thereby approach the court of law and the magistrate who has jurisdiction over the concerned police station and file an application for sustained attention toward the case and keep the police involved. This might compel the investigating officer to report the progress made on the case to the judicial officer in the form of status reports and strategy adopted. This would help the case to stay alive and reach favorable conclusions for the complainant.
Hopefully this resolves your query, best wishes. Thank you.
It is advised to seek relief from police authorities and register an FIR at your nearest Police station. But this does not always come around easily since police often pose reluctance. Following is a comprehensive guide to getting the FIR registered and your complaint filed.
If the police refuses to register your FIR you may avail the following resources in the order of their appearances.
Option 1: If the police refuse to register any complaint -leaving no possibility of any record of the client visiting the police station and desiring any action, attention or cognizance to their cause-
We advice to email the complaint to as many state officials of the Department of Police as possible like the DCP, ACP SP. This is deemed as an official record of the perseverance and attempt to put across the information contained in the complaint and the fact that such complaint was refused by the police officials of the respective police station to be registered on official records.
Delay in filing a complaint:
Sometimes a person against whom an offence has been committed decides to file a complaint or FIR in respect such offence, after a long period of time. In such situation police often express their disbelief of the information provided and proceeds to refuse registering a complaint or FIR.
Rules according to the CRPC of the time-limit within which cognizance is allowed-Section 468
Section 468 of the Code of Criminal Procedure lays down the period of limitation for taking cognizance of an offence.
In your case the offence shall be covered under the Section 506 of Indian Penal Code. "Punishment for Criminal Intimidation" Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.
Hence the time-limit for you would be three years.
There are other options that one can utilize for the purpose of getting the FIR filed.
Option 2: If the police register the complaint but not the FIR, filing an application before the local magistrate under Section 156 Clause (3) of the CRPC for cognizable offences. If the application is accepted thereafter the magistrate may direct the police to register the FIR and to investigate into the matter.
For the application to be taken into consideration the complainant is expected to have sufficient substantiation upon his reasoning when he/she is asked the following questions by the concerned judicial official:
1. is the offence cognizable or not
2. has any written complainant furnished before the police
At this stage you would be expected to produce before the court a copy of the complaint, but if there is no acknowledgement given by the police to you of the complaint being registered, before the filing of this application, you must get the complaint on record via email, or speed post indicating that a communication was addressed to the concerned police station. Also, the complaint must also be communicated on official basis by any which way stated above requesting for the complaint to be registered on official record by the police.
Option 3: Filing the complaint in the magistrate office for investigation -Section 190 and Section 200 of the CRPC
Option 4:
Approaching the High Court directly under-
1. Article 226 Power of High Courts to issue certain writs
2. Section 482 of CRPC
3. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
Important note- The HC urge the complainants to first exhaust all other remedies available to them before approaching them for getting their FIR registered.
Option 5: Filing an application before the State Human Rights Commission for infringement of rights.
Important note- As lawyers we have learnt by way of counseling that instead of waiting upon the police to carry out the investigation, one must assume that the police would be reluctant in their functioning and thereby approach the court of law and the magistrate who has jurisdiction over the concerned police station and file an application for sustained attention toward the case and keep the police involved. This might compel the investigating officer to report the progress made on the case to the judicial officer in the form of status reports and strategy adopted. This would help the case to stay alive and reach favorable conclusions for the complainant.
Hopefully this resolves your query, best wishes. Thank you.
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A.Dear Client,
As he is a private vendor ( creditor), it will be better if you can talk, compromise and settle his payments.
Or else you can take the below actions:
1. Filing a complaint at the police station: A proper complaint should be filed against the Bank and the recovery office. However, if the police do not file a complaint, the magistrate can be approached.
2. An injunction suit against the recovery agents: A civil injunction suit with an ad-interim relief can be filed in the civil court against the recovery organization.
3. Defamation suit: If the debt recovery depends on incorrect data then you can file a defamation suit against the the vendor.
4. Trespass objection: As the agents of the vendor illegally invaded your office without approved consent, at that point a trespass complaint can be filed against them for disregarding your rights.
As he is a private vendor ( creditor), it will be better if you can talk, compromise and settle his payments.
Or else you can take the below actions:
1. Filing a complaint at the police station: A proper complaint should be filed against the Bank and the recovery office. However, if the police do not file a complaint, the magistrate can be approached.
2. An injunction suit against the recovery agents: A civil injunction suit with an ad-interim relief can be filed in the civil court against the recovery organization.
3. Defamation suit: If the debt recovery depends on incorrect data then you can file a defamation suit against the the vendor.
4. Trespass objection: As the agents of the vendor illegally invaded your office without approved consent, at that point a trespass complaint can be filed against them for disregarding your rights.
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A.Dear Sir,
You may lodge complaint with such person who is physically torturing you to pay the amount. If police not ready to receive your complaint then file private complaint as follows:
=================================================================================
File A Criminal Complaint In India: A Step-By-Step Process
Most Indian citizens are not aware of their legal rights. This lack of awareness is among the major reasons because of which reporting of criminal activities is not a seamless process in India. The general perception about policemen is also not helpful. However, reporting of crimes that you witness is essenial.
India has a poor reputation when it comes to reporting of criminal activity. Several crimes, particularly against women, go unreported. This is for a variety of socio-political reasons, but somewhere among them is also a misunderstanding of legal rights. India, in truth, has all the laws in place and understanding your rights is key to increasing reporting criminal elements in our society.
A detailed procedure for filing criminal complaints has been laid down in India, as per the Criminal Procedure Code. The following steps will clear any doubts you may have over filing a criminal complaint in India:
Filing an FIR
In case you are the victim of a cognizable offence, the first step you would take is to approach the police. The police, on receiving information, prepares a written document, known as a First Information Report (FIR). The duty of the police lies in hearing the aggrieved and directing him to the District Magistrate for further action. An FIR can be filed by you if you are the person against whom the crime has been committed or know about an offence that has been committed. There are no charges for filing an an FIR, it being a crucial document that sets the criminal justice system in process.
What can you do if your FIR is not registered?
It is illegal to not register an FIR. The remedies available are:
1. You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their notice.
2. You can send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.
3. You can file a private complaint before the court having jurisdiction.
4. You can also make a complaint to the State Human Rights Commission or the National Human Rights Commission if the police does nothing to enforce the law or does it in a biased and corrupt manner.
What is the next step after filing an FIR?
The police conducts investigation, which may include arrests. Once the investigation has been concluded the police will record all their findings in a Challanï or charge sheet. If it is deemed that there is enough proof on the charge sheet the case goes to court.On the flipside, after their investigations if the police conclude that there is not enough evidence or proof that a crime has been committed they can close the case after justifying their reasons in court. If the police decide to close the case, they are bound to inform the person who filed the FIR of their decision.
What is a zero FIR and when should it be used?
A zero FIR is used for crimes such as murder,rape etc. where immediate investigation is required and time cannot be wasted in reaching the police station under whose jurisdiction the crime falls. The main idea of a Zero FIR is to initiate the investigation or urge the police to take their initial action. Once you have lodged a Zero FIR, make sure that your complaint is not transferred to the appropriate police station in your jurisdiction without any initial action or investigation.A zero FIR is necessary for crimes where immediate action is required,eg in case of murder,rape etc, or when the police station under whose jurisdiction the crime was committed is not easily accessible, eg in case of crimes while travelling
Criminal Complaint: The Plaint
It is a document submitted by the complainant to file a criminal complainant against an accused. In layman’s language, it is simply the written allegations of the complainant and it contains a summary of the facts of the case he seeks to present and the relief he seeks for the same.
If you are filing a plaint, you are the ‘plaintiff’ and the person whom you are filing against, is the ‘defendant’. There are certain regulations set by the ‘Limitation Act,1963’ for filing of plaints.
For instance, there is a time limit within which the plant should be filed, and it differs for different courts.
The Plaint, as per the Act, should be filed within 90 days in High court and within 30 days from the date of the crime that is being appealed against.
The details required to be mentioned in the plaint are:
A.The name of the court
B.The nature of the complaint
C.The name and addresses of both the parties.
All of this is normally typed in English, with double-line spacing.
It is also important to remember that it has to be filed within a certain time limit of the occurrence of the act in question as prescribed by the Limitation Act. A plaint filed after an unreasonable delay will not be entertained in the court of law. It should also contain a verification from the complainant with an assurance that all facts stated in the plaint are correct and true to his knowledge.
As the plaint procedure is simple, and if you have enough proof in hand, you can file them with the help of an expert in no time.
Criminal Complaint: Vakalatnama
This document is submitted by the complainant authorizing an advocate to argue the case on his behalf. Although an individual can file their Vakalatnama, the terms used are highly technical for a layman to understand, and respond in case of queries. Hence, a vakalatnama is a document that gives the advocate (who is appearing on your behalf) the authorization to fight for justice, and handle all court procedures on your behalf.
It contains the terms and conditions of this authorization, and lists out the rights of the advocate. The terms and conditions, mentioned in the Vakalatnama include:
1. The advocate will not be held responsible for any decisions taken by him/her during the course of an investigation, in the best interests of the clients.
2. The advocate will be paid the requisite fees as well as the fees for the court proceedings.
3. The advocate can be disengaged at any time during the proceedings, if the client wishes, and so on.
The basic idea of a Vakalatnama is to engage a lawyer to fight for the case in the court, and to provide him the authorization to do it with the permission of the plaintiff.
The vakalatnama is affixed with the plaint and submitted to the court by the advocate authorized to represent the case.
Although no fees are paid for submission, some courts demand a stamp ‘Advocate Welfare Stamp’ to be pasted on it.
Criminal Complaint: Court Fees
The plaints are required to pay the court fees, as per the rules and regulations set by the Court fees Stamp Act.
The nominal court fee is then paid by the Complainant as required by the Court Fees Stamp Act. The court fees usually amount to a nominal percentage of the value of a claim or the suit being made in the case filed and thus, differs depending upon the case.
The advocate authorized to carry on with the dealings of the case will be able to instruct about the procedures and also the court fees to be paid.
All citizens should get to know about their rights of filing FIRs. At the same time, they must be aware of the steps that they can take if police refuses to register their complaints. In some cases, it is best to file a complaint petition before the judicial magistrate instead of registering an FIR.
How to file a criminal complaint with a judicial magistrate?
A victim or a person having knowledge about the commission of a particular crime can file a criminal complaint with a competent Judicial Magistrate. This is as per provisions mentioned under Section 200 in the CrPC, 1973.
1. If the complaint is not in written form
Upon receipt of the complaint, the Magistrate decides on the cognizance of the offence. Then he examines, upon oath, the complainant and the witness (es), if any. The complaint is then reduced to written form. The complainant and the witness(es) need to sign the same in front of the Magistrate.
2. If the complaint is in written form
The Magistrate needs to examine the complainant and the witness unless:
1. a) The complainant is a designated public servant in discharge of his official duties (in case of NDPS Act, PMLA, RBI Act etc)
2. b) If the Magistrate forwards the case to another Magistrate for any trial or inquiry under Section 192
You may lodge complaint with such person who is physically torturing you to pay the amount. If police not ready to receive your complaint then file private complaint as follows:
=================================================================================
File A Criminal Complaint In India: A Step-By-Step Process
Most Indian citizens are not aware of their legal rights. This lack of awareness is among the major reasons because of which reporting of criminal activities is not a seamless process in India. The general perception about policemen is also not helpful. However, reporting of crimes that you witness is essenial.
India has a poor reputation when it comes to reporting of criminal activity. Several crimes, particularly against women, go unreported. This is for a variety of socio-political reasons, but somewhere among them is also a misunderstanding of legal rights. India, in truth, has all the laws in place and understanding your rights is key to increasing reporting criminal elements in our society.
A detailed procedure for filing criminal complaints has been laid down in India, as per the Criminal Procedure Code. The following steps will clear any doubts you may have over filing a criminal complaint in India:
Filing an FIR
In case you are the victim of a cognizable offence, the first step you would take is to approach the police. The police, on receiving information, prepares a written document, known as a First Information Report (FIR). The duty of the police lies in hearing the aggrieved and directing him to the District Magistrate for further action. An FIR can be filed by you if you are the person against whom the crime has been committed or know about an offence that has been committed. There are no charges for filing an an FIR, it being a crucial document that sets the criminal justice system in process.
What can you do if your FIR is not registered?
It is illegal to not register an FIR. The remedies available are:
1. You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their notice.
2. You can send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.
3. You can file a private complaint before the court having jurisdiction.
4. You can also make a complaint to the State Human Rights Commission or the National Human Rights Commission if the police does nothing to enforce the law or does it in a biased and corrupt manner.
What is the next step after filing an FIR?
The police conducts investigation, which may include arrests. Once the investigation has been concluded the police will record all their findings in a Challanï or charge sheet. If it is deemed that there is enough proof on the charge sheet the case goes to court.On the flipside, after their investigations if the police conclude that there is not enough evidence or proof that a crime has been committed they can close the case after justifying their reasons in court. If the police decide to close the case, they are bound to inform the person who filed the FIR of their decision.
What is a zero FIR and when should it be used?
A zero FIR is used for crimes such as murder,rape etc. where immediate investigation is required and time cannot be wasted in reaching the police station under whose jurisdiction the crime falls. The main idea of a Zero FIR is to initiate the investigation or urge the police to take their initial action. Once you have lodged a Zero FIR, make sure that your complaint is not transferred to the appropriate police station in your jurisdiction without any initial action or investigation.A zero FIR is necessary for crimes where immediate action is required,eg in case of murder,rape etc, or when the police station under whose jurisdiction the crime was committed is not easily accessible, eg in case of crimes while travelling
Criminal Complaint: The Plaint
It is a document submitted by the complainant to file a criminal complainant against an accused. In layman’s language, it is simply the written allegations of the complainant and it contains a summary of the facts of the case he seeks to present and the relief he seeks for the same.
If you are filing a plaint, you are the ‘plaintiff’ and the person whom you are filing against, is the ‘defendant’. There are certain regulations set by the ‘Limitation Act,1963’ for filing of plaints.
For instance, there is a time limit within which the plant should be filed, and it differs for different courts.
The Plaint, as per the Act, should be filed within 90 days in High court and within 30 days from the date of the crime that is being appealed against.
The details required to be mentioned in the plaint are:
A.The name of the court
B.The nature of the complaint
C.The name and addresses of both the parties.
All of this is normally typed in English, with double-line spacing.
It is also important to remember that it has to be filed within a certain time limit of the occurrence of the act in question as prescribed by the Limitation Act. A plaint filed after an unreasonable delay will not be entertained in the court of law. It should also contain a verification from the complainant with an assurance that all facts stated in the plaint are correct and true to his knowledge.
As the plaint procedure is simple, and if you have enough proof in hand, you can file them with the help of an expert in no time.
Criminal Complaint: Vakalatnama
This document is submitted by the complainant authorizing an advocate to argue the case on his behalf. Although an individual can file their Vakalatnama, the terms used are highly technical for a layman to understand, and respond in case of queries. Hence, a vakalatnama is a document that gives the advocate (who is appearing on your behalf) the authorization to fight for justice, and handle all court procedures on your behalf.
It contains the terms and conditions of this authorization, and lists out the rights of the advocate. The terms and conditions, mentioned in the Vakalatnama include:
1. The advocate will not be held responsible for any decisions taken by him/her during the course of an investigation, in the best interests of the clients.
2. The advocate will be paid the requisite fees as well as the fees for the court proceedings.
3. The advocate can be disengaged at any time during the proceedings, if the client wishes, and so on.
The basic idea of a Vakalatnama is to engage a lawyer to fight for the case in the court, and to provide him the authorization to do it with the permission of the plaintiff.
The vakalatnama is affixed with the plaint and submitted to the court by the advocate authorized to represent the case.
Although no fees are paid for submission, some courts demand a stamp ‘Advocate Welfare Stamp’ to be pasted on it.
Criminal Complaint: Court Fees
The plaints are required to pay the court fees, as per the rules and regulations set by the Court fees Stamp Act.
The nominal court fee is then paid by the Complainant as required by the Court Fees Stamp Act. The court fees usually amount to a nominal percentage of the value of a claim or the suit being made in the case filed and thus, differs depending upon the case.
The advocate authorized to carry on with the dealings of the case will be able to instruct about the procedures and also the court fees to be paid.
All citizens should get to know about their rights of filing FIRs. At the same time, they must be aware of the steps that they can take if police refuses to register their complaints. In some cases, it is best to file a complaint petition before the judicial magistrate instead of registering an FIR.
How to file a criminal complaint with a judicial magistrate?
A victim or a person having knowledge about the commission of a particular crime can file a criminal complaint with a competent Judicial Magistrate. This is as per provisions mentioned under Section 200 in the CrPC, 1973.
1. If the complaint is not in written form
Upon receipt of the complaint, the Magistrate decides on the cognizance of the offence. Then he examines, upon oath, the complainant and the witness (es), if any. The complaint is then reduced to written form. The complainant and the witness(es) need to sign the same in front of the Magistrate.
2. If the complaint is in written form
The Magistrate needs to examine the complainant and the witness unless:
1. a) The complainant is a designated public servant in discharge of his official duties (in case of NDPS Act, PMLA, RBI Act etc)
2. b) If the Magistrate forwards the case to another Magistrate for any trial or inquiry under Section 192
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Anonymous
Replied 1 year ago
Thank you so much sir for the advice.
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