APFL has filed a recovery suit along with case u/s 138 for recovery of dues from PLCF. The transactions relate to period from 01-04-2006 to 31-01-2008. PLCF in their WS filed with the High Court had filed a statement of affairs\accounts of APFL in their books whereby they have credited all invoices that the complainant filed with the suit but had denied it collectively. They have also denied all quarterly account confirmations which the complainant used to take from them. PLCF has also submitted the said invoices to Income Tax in their scrutiny case. Now after 8 years PLCF in collusion with the police has filed an FIR against the directors of the company that 14 out of 149 invoices are forged\fabricated as owners of those vehicles which had transported the goods say that they have not transported the goods. There is no acknowledgement on invoices. The police booked the FIR despite a written submission by me pointing out the wrongdoing on their part and they filed FIR against both directors of the company one of whom happens to be a women A. The name of A has not been mentioned in whole FIR but still named in FIR. The honorable Sessions Court granted anticipatory bail to us and marked inquiry to DCP for proper investigation but my bigger question is
- Can a women director who does not have any role in day to day working of the company and who has not been named in whole FIR even once be booked in an FIR. Can police book a director merely because she is a director of the company when company has not been named as accused.
- Is the police justified in lodging an FIR when the matter is subjudice in HIGH COURT.
- Here they had shown the alleged forged invoices in their statement of affairs but what if they had not shown in their statement. Should the FIR against non receipt of material be lodged after 8 years. Otherwise also from a layman’s prospective, if material was not delivered by the vehicles they should have denied the same and it is APFL whose material was lost\not delivered, so APFL had the right to lodge the FIR against the vehicles. What is the law regarding this fiasco.
