Legal Question in Criminal Law in India

filed criminal complaint against pvt.ltd.co.alongwith its directors u/s 406,409 and 420 r/w 114.

after verification, matter was kept for order - to admit or not - was rejected and fine of rs.2500 imposed by criminal court stating :

* complainant in the habit of filing complaints, thereby wasting court's time;

* complainant matter relates to labour court/civil court, not to criminal court;

* complainant intends to pressurise accused by moving criminal complaint;

to teach complainnant not to waste courts time, matter is not admitted, rejected with exemplary costs rs.2500/- !

matter : directors by resolution in 1985 resolved to pay rs.20000 per month to complainant for his services to represent income tax offices, sales tax offices, registrar of companies, civil courts, criminal courts, high courts and supreme courts, registrar of companies etc. amount to be kept as DEPOSITS till not paid or claimed - all directors to be held jointly and severally liable if not paid - . On raising claim after 26 years, amounts are termed as deposit, current directors refused to pay only in the year 2010. on refusal in 2010, complaint is filed in 2010 - court rejected - fine imposed.

criminal intentions of directors were observed only in 2010, so complaint filed in 2010.

as not a labour /daily staff on pay roll, so legally advised against labour court, so went crimiinal

fine is exorbitant - no warning given - complaint could have been rejected without fine - not maintainable, confidence in judiciary shaken - if complainant files another complaint, fear of further fine to be imposed ? views of every judge may differ - whether the subject matter is not criminal - bad intentions of current directors against own company resolution ? one director who had signed the resolution in 1984, still continues as director, but is silent. What to do ?


Asked on 5/02/11, 4:21 am

1 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

You seem to have lot of time on your hand to waste but atleast you can spare the Court's time. Whatever you have stated does not invoke criminal intent and moreover raising your claim after 26 year is time barred. Were you sleeping over your rights for more than 2 decades ?

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Answered on 5/02/11, 4:27 am


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