Section 156(3) of Cr.P.C.

Querist : Anonymous (Querist) 12 July 2011 This query is : Resolved
I am a legal officer of a Limited company and my company has been served with a legal notice towards defaulter of payment against corporate mobile connection , now I am afraid that mobile company will try to implicate us in criminal case by invoking section 406 of IPC, so please tell me what precaution can be taken to avoid 156(3) application as the matter is purely consumer dispute.

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Vijay Badgujar, Advocate. (Expert) 12 July 2011
First reply to the notice and mentioned about actual amount of outstanding. If they are raising more outstanding point out the correct amount. If u have received any call from police authority not to send concerned person.

Devajyoti Barman (Expert) 12 July 2011
No need for reply. Reply hardly helps rather prove the service of notice.

Rest assured, it is not a case for criminal breach of trust.

However as a preemptive measure you can lodge complaint or file a case for criminal intimidation.

Ravikant Soni (Expert) 12 July 2011
I ll go with Devajyot..

Querist : Anonymous (Querist) 13 July 2011
Thanks for your suggetion , I have already sent one seperate legal notice, without refering the said legal notice, claiming compensation as they have withdrawn the service without giving any notice and due to such our business adversely affected . So please confirm whether the step taken by me is proper or not?

Arun Kumar Bhagat (Expert) 17 July 2011
You did the right thing.

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