Civil and criminal cases on same cause of action
surendrababu
(Querist) 17 September 2011
This query is : Resolved
"A" filed a civil case against "B" for recovery of money under an agreement said to have been executed on a stamped paper by "B". The case is pending in District Court.
"B" filed a criminal case against "A" on the plea that "A" has stolen the Blank stamped papers from his house and created a fabricated agreement of his forged signature and filed the above civil case.
Can "B" is entitled to file a criminal case against A when there is a civil case against "B" is pending.
M.Sheik Mohammed Ali
(Expert) 17 September 2011
both allegations is valid but which one succeeding in their case, who has sent a 1st notice to either one the first complainant will succeeding.
kuldeep kumar
(Expert) 17 September 2011
complaint of ccivi court is required.
kuldeep kumar
(Expert) 17 September 2011
only after complaint is filed then........
prabhakar singh
(Expert) 17 September 2011
Since the civil suit was filed earlier in point of time,and more particularly if any notice of demand calling upon to pay was also made,the complainant had only one right that he proves forgery committed by plaintiff against him,and if court comes to a finding of forgery,then request the court itself to lodge a complaint against plaintiff.
The defendant alleged debtor could have very well filled the complaint soon after[if ]a notice of demand mentioning impugned document was served upon him,before filling of the suit.
Advocate. Arunagiri
(Expert) 17 September 2011
If the forged document is filed before the civil court, the civil court alone is having power to order for criminal case.
The other side can move an application before the civil court u/s 340 cr.p.c. for prosecution on the party who had filed the forged document.
Raj Kumar Makkad
(Expert) 17 September 2011
The plea of B seems unbelievable as there is no mention of any theft or missing of documents complaint with police soon after having knowledge of missing or theft as the case may be. Anyway, B can move application in the same case under section 340 Cr. PC but cannot file separate criminal case and if it is filed, A has legal righ to get stay against this case.
kuldeep kumar
(Expert) 17 September 2011
very good catching sir rkm for having knowledge or theft..b must have filed fir
Devajyoti Barman
(Expert) 17 September 2011
It has been judicially established that there no no bar in continuing with both the civil and criminal cases on the same cause of action.
sreenivasa Rao.P
(Expert) 18 September 2011
I agree with Mr.Devajyothi Barman. However the civil court if it finds the document forged gives a finding and send the matter for prosecution of the offender.
