Seller refuses to pay Invoice amount citing quality issues,
29-Dec-2023 (In Criminal Law)
Hello all,
Case history:
1. 2016: In a trade deal happened between Seller and Buyer
2. 2016: Few lakhs worth of goods was sold and supplied
3. 2016: Seller raised objections in material quality and "refused to pay" the agreed amount , "after signing the Invoice".
4. 2017: Buyer approached police station about cheating case. Police did not file an FIR claiming some reasons.
5. 2017: Seller approached higher level officers, wrote RTI/questions. Everything on record. Also, Buyer failed reply to one letter by police.
6. 2018: Police inaction prompted Seller to file a case in Mumbai, under section 156(3).
7. Case is in a document verification stage, etc.
Queries:
8. Have you worked under this section 156(3) case ever?
9. If not, have you worked in a similar case?
10. Will you be able to provide your fees and expenses to take over this case?
"PLEASE REPLY to Q8/Q9/Q10",We will promptly connect with you at your number.
Regards.
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Hello, Sec 156 (3) of IPC is a Private Criminal Complaint. Private Criminal Complaint is being filed based on a Non Cognizable Complaint in a Non-Cognizable Case in which Police doesn't register a FIR but merely records a complaint in the form of a Non-Cognizable Complaint & directs the Complainant to approach Magistrate of the concerned area where crime is committed to get the powers of arrest and investigation for the Police or to get the orders from the Magistrate of filing a FIR, as filing of FIR itself grants power to police to arrest and investigate the case, based on which, the Magistrate finally takes a decision and passes an order to punish and fine the accused under the Criminal Law.
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