I got a contract for a company. The company filed a case by their employee

Tilak Marg Forum for Legal Questions Forums Criminal Law I got a contract for a company. The company filed a case by their employee

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    • #4213

      Dear Sir,
      I am running a company.Bythe name of M/s Sri Gayatri Comuunications. I got a work Contract form a company based at Hyderabad,Telangana. Due some issues, (irregular payments for works) we stoped the work, and demand to settle the payments for completed work. All the negotiation was completed. The company agree to pay the balance amount, after handed over the balance material, And they agree to collect/diduction the amount for not able to handed over material. After receving the total material they filed a police case by his employee.. The criminal breach of trust. And they stoped the payment.

      details of case.

      contract agrement juridition: Hyderabad.
      case filed: Gulduru, Prakasham Dist.
      case trasfared to : ongole, prakasham dist., Whare am i living.
      is it correct. can i elegible for quash the fir.(charge sheet not filed.

    • #4217

      There is a difference in the jurisdiction in civil and criminal cases. In a criminal case, the jurisdiction lies at the place where the offence has taken place, or where at least a part of the offence has taken place. In any case, it may be beneficial to you if the case (FIR) has been transferred to your place, as you have mentioned.

      As regards the filing of petition for quashing of FIR, you can do so if it is found that there is no prima facie case for registration of the offence even if the FIR is read at its face value. You will have to file such petition in the High Court under Section 482 Cr.P.C.

      It is not possible for us to reply to the question on the basis of detailed facts, as stated in our Forum guidelines:

      “What is replied here is “legal” questions or questions of “law”, and NOT detailed questions of “facts”. So, questions with detailed facts may not be answered, for which, in fact, it is in your own interests to contact some local lawyer who can study all relevant facts with the help of your detailed case papers (which is beyond the scope of this public forum).”

      To get opinion on facts of your case, please consult some lawyer by showing him all the relevant papers.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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