cilvil suit

Querist : Anonymous (Querist) 03 February 2011 This query is : Resolved
if a money suit is still pending in the court of the executive magistrate(assistant to the deputy commissioner)
can a criminal suit be filed in the court of the chief judicial magistrate ?

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Amit Minocha (Expert) 03 February 2011
yes it can be filed

Ganesh Chavan (Expert) 03 February 2011
Your civil suit filed - for recovery of the said amount and you have also addition to this remedy- Prosecuted the accused in Criminal Court under criminal proceeding.

Guest (Expert) 03 February 2011
Unless the facts constitute criminal offence money recovery suit is a dispute of civil nature.Criminal complaint can be presented with a view for taking cognizance of an offence only

Kirti Kar Tripathi (Expert) 03 February 2011
if the facts have ingredients of criminal offence, the criminal case can be filed in addition to civil suit.

G. ARAVINTHAN (Expert) 09 February 2011
case pending in civil court cannot be a bar to the criminal proceedings

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