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SANJEEV AGGARWAL   04 August 2016

Fir filed in collusion with police. invoices disputed .

I had on behalf of my company [APFL]  filed a recovery suit for recovery of company dues against sale invoices  [FROM 01/04/2006 TO 31/01/2008] against a firm [PLF], where in WS filed before the high court he filed a statement of affairs of my account showing all my invoices.  PLF had also submittted half of the invoices to the Income Tax Deptt as their puchases duly authenticated by them. But now after 8 years the PLF has filed an FIR in collusion with the SHO of PS that 14 out of 149 bills are forged on the basis that the vehicle carrying those goods do not have capacity to load so much weight, since all were overloaded or the vehicle number was wrongly written on Weigh Bridge slip but was rightly mentioned in all invoices  as is routine here. Out of those 14 bills disputed\alleged forged by PLF, seven were owned by them only. I applied for the anticipatory bail and the Judge while reprimanding the SHO for no investigation gave interim bail in interest of justice for 2 months. My question is

1 . Is the SHO justified to file a FIR without any investigation although i had brought the facts to his knowledge in writing.

2. Whom to complain against the SHO. This matter pretains to DELHI.

3. Should i go for quashing of FIR now or wait for confirmation of anticipatory bail which i am sure to get.

4. Can i file a criminal defamation case against the DELHI POlICE for filing an unsubstantiated FIR without investigation in order to pressurise me to settle the civil dispute.

5. What action can be taken against PLF for filing a false FIR. The bills admitted by them in high court are being disputed here and now they are saying that they have no business with APFL but were enganging with firm of my brother AAI whose account is already settled.



Learning

 1 Replies

P. Venu (Advocate)     04 August 2016

Admittedly, the matter is sub-judice. Any suggestion would be pre-mature, if not mature. The best person to offer any advice would be advocate engaged by you/your company.


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