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Sandeep   17 August 2016

Recovery of bad debts

Hello Experts..

 

 I have Done business with a Pvt Ltd Company almost of 20cr. Company name is Madanapalle Spinning Mill Pvt Ltd, Madanapalle, Chitoor Dist.AP

 

The company has failed to pay my pending amount of Rs.61Lcaks which is pending since more then 3years. 2 years back they made a transaction and purchased good worth 20lacks in advance payment. After that they again stopped doing business with me and now they are not paying me my balance amount of Rs.61lacks.

 

Recently they have again approced me and asked me to do business on cash and carry basis as they said they will slowlly release my pending amount parallely. So i agreed for that and i told them ill supply good to them. On that basis they transferd me an amount of Rs.16.25lacks. But i had no more trust on them and i have not supplied good to them and i stopped payment which i have received from them under old balances.

After few days when i was going through my bank statement i found that the payment i received from the party was in the name of Madanapalle Spinnning mill (Labaour Union). Where as i have old balance pending with them in the name of Madanapalle Spinning mills pvt ltd. After few days that madanapalle spinning mill has filled a case on me of 420 under criminal case. in which an arrest warrant was issues on me. For that i have filled a case on them and asked the court to dismiss the case as i was not the defaulter. For that the High Court of AP has passed an order, saying that

 

The Criminal Petition is filed under section 482 of Cr.P.C to quash the preceedings in crime no.92 of 20126 on the file of Police Station. Madanapalle Taluka Chitoor Dict AP registred aganist the petitioners/accused nos.1 and 2 for the offences punishable nder section 420 and 506 read with 34IPC

Heard the learned counsel for the prtitioners/acussed nos.1 and 2 and the leaned additional public prosecutor, representing the state.

Specific allegations were made aganist the petitioners in the complaint. This is the matter which requires investigation by the police. The Truth or otherwise of the allegation can only be decided during the course of investigation or trial. Isee no grounds to interdict the investigation at this stage and quash the FIR

In the facts and circumstances of the case and as requested by the learned counsel for the prtitioners, the criminal petition is dispoced of, directing the investigating agency to proceed with the investigation. However for the period of 2months from today, the petitioners/accused no1 and 2 shall not be arrested.

Pending miscellaneous applications, if any shall stand closed no costs.

Cout order file is attached.

tis is the court order can somebody explain me whats the exact verdict of the court and what action can police take after 2months. also suggest me how to over come of all this tensions and recover my money from the debtor Do i get arrested in this case and can i get anticipatory bail. what to do?



Learning

 1 Replies

G.L.N. Prasad (Retired employee.)     17 August 2016

Take the word of your HC Advocate into confidence.  Appoint your own private detective and find out that both purchasers are one and the same and duping the sellers, as the purpose of the raw materials, products you sold might be utilised.  First find out the antcedents of the purchaser from whom you have received such advance, their activity, thei association and link to he default company, so that you can build a conspiracy case and can bring into light as to how they have been duping all other companies by using two different names.


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