Criminal Complain after Filed Civil suit
Pruthveshkumar
(Querist) 15 May 2009
This query is : Resolved
First i have submited Civil suit for the 1996's agreement's Specific Perfomance aftr that opponent has filed the Criminal complain against to me that the agreement of 1996 is fraud and i had made it myself.
So now police has been searching me and i have filed also anticipatory also high court and has rejected so now wht should i do?
Is there any provision that when the civil dispute is running so till the judgment of civil suit the criminal complain will stop or stay?
A V Vishal
(Expert) 15 May 2009
Dear Kumar,
Both the process are different, hence the criminal proceedings cannot stop however please clarify under what sections your opponents have filed the criminal case and what is the status of the civil suit
A V Vishal
(Expert) 15 May 2009
Dear Kumar,
If the complaint was filed under S.465, then it is a bailable offence, generally anticipatory bail is granted in case of non bailable offences. Kindly mention the place where you reside
nitin
(Expert) 15 May 2009
dear kumar
tell about the section under which the complaint is filed against you, and the true picture of the story so that i could help you
deepak kumar
(Expert) 15 May 2009
if your anticipatory bail has been rejected by HC then you have to surrender and seek regular bail or in the alternative file an application u/s 482 in High Court and obtain a stay for the time being
adv. rajeev ( rajoo )
(Expert) 15 May 2009
Civil and criminal proceedings are different. Criminal proceedings cannot be stopped. When ur anticipatory bail is rejected u can approach the high court or surrender before the court and get a bail. U have filed a civil suit first then against u criminal case is filed. Pending civil case is good defense for you. Cross examination is important. When defendant has taken a contention of fraud, burden lies on him to prove.
So ur civil case has to be conducted very cautiously. Scribe of the deed and wittensses are important in the civil case.
M. PIRAVI PERUMAL
(Expert) 15 May 2009
You have not mentioned under which Section you have been booked ? Are the reasons cited by the HC for rejecting anticipatory bail.
Swami Sadashiva Brahmendra Sar
(Expert) 16 May 2009
I agree with mr. vadrali. but the civil suit has been filed by you on the basis of agreement, therefore in that case you have to prove the execution of document. on the contrary criminal case has been initiated against you alleging the forgery therefore in criminal case your opponent has to prove that document is forged.
Uma parameswaran
(Expert) 18 May 2009
Criminal case is filed only subsequent to the civil suit. So it is a defense for you.prove the Genuineness of the document and both the cases is depends upon it .
