Legal Question in Criminal Law in India

Dear sir,

I am working in S.Arabia, one of my friend who is a business man (SYRIAN NATIONALITY) wish to buy dialyzers from INDIA, i contacted my friend who is a business man who is a trusted and honest man, he introduced his friend who was dealing with DIALYZERS (MR.KANNAN) upon evaluation of the sample we agreed to purchase worth 12Lks, he demanded to pay 50�vance and bal. upon delivery, we paid money worth 6 Lakhs through bank, now its almost 7mths, he is not supplying. I met him during my vacation but he is avoiding to either give the money back or supply the material. What action i should take, i am in problem with the SYRIAN GENTLEMAN. please advice, should i lodge a complaint to POLICE? since i am the guarantor iam in deep problem.


Asked on 11/04/10, 8:14 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

Not only you but the Syrian Gentleman has also a good and strong cause of action against the supplier. It will be good if the Syrian Gentleman, the purchaser, files a case against the supplier. Remedies are two fold, Civil and/or Criminal. In civil action, the purchaser may claim both, refund of advance as well as damages for not supplying the goods. In criminal action, though not very strong, a criminal complaint may be filed against the supplier for having cheated by inducing to receive the sum of Rs. 6 Lakhs and not supplying the goods in lieu of that.

for further facts based opinion you need to send the copies of the correspondence you had with the supplier.

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Answered on 11/04/10, 10:13 am


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