A financial dispute can involve overlapping contractual, regulatory and criminal allegations. A summons, complaint or account restriction should be read in its own legal context before a response is prepared. Kothari & Jain assists individuals and businesses in examining the allegation, preserving records and planning the appropriate legal response.
Scope of assistance
- Assessment of allegations concerning fraud, breach of trust, document misuse and diversion of funds.
- Review of complaints, summons, notices, attachment-related documents and investigation correspondence.
- Preparation of factual responses supported by contracts, payment records and communications.
- Defence strategy and appropriate applications in criminal proceedings.
- Advice on the interaction between a commercial dispute and regulatory or criminal action.
- Coordination of financial records and expert inputs where the engagement requires them.
Identify the allegation before choosing the response
The issuing authority, statutory provisions, response date and capacity in which a person is called should be established first. A director, employee, complainant, witness and accused person may have different positions even where the underlying transaction is the same.
For example, the Enforcement Directorate distinguishes its money-laundering functions under PMLA from foreign-exchange contraventions under FEMA. A foreign-exchange issue should not be casually labelled money laundering, and an ordinary payment dispute should not be assumed to establish a criminal offence. The actual documents and allegations require separate analysis.
Preserve the transaction history
Provide the notice with its attachments and proof of receipt, agreements, invoices, bank statements, accounting entries, board approvals and relevant messages. Prepare a chronology linking each significant payment or representation to its supporting document. Include unfavourable material and earlier explanations: gaps and inconsistencies are better identified before a formal response.
Do not delete records, alter accounts or coordinate a version of events with others. Where large electronic records are involved, agree how they will be collected and reviewed. We can then identify factual issues, legal questions, missing documents and the immediate procedural response. Any concern about arrest, an appearance date or a restriction affecting business operations should be raised at the start.
Common questions
Does a summons mean that I have been found guilty?
No. It does require careful attention. The authority’s power, the purpose of the summons and the person’s legal position must be examined before deciding how to respond.
Can settlement of the commercial dispute end the criminal case?
Not automatically. The alleged offences, procedural stage and any statutory restrictions matter. A settlement document should not promise closure that requires a separate decision by an authority or court.
Should I send a detailed explanation immediately?
First establish the deadline and review the records. A hurried explanation may contain avoidable errors or conflict with existing documents. The response should be accurate, relevant and appropriate to the legal process.
Discuss the next step
To discuss the scope of assistance and arrange a consultation, contact the firm or call +91 87936 60616 or +91 78877 18191.