Filing criminal case

varsha (Querist) 11 February 2014 This query is : Resolved
I request the panel of experts to answer the following query.....
Whether petitioner can file a criminal case against defendant, when the civil proceedings are going on?

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R.K Nanda (Expert) 11 February 2014
state full facts.

Rajendra K Goyal (Expert) 11 February 2014
State full facts.

varsha (Querist) 11 February 2014
Facts of the case:
Petitioner and defendant(owner of the building)were entered into lease agreement

Lease agreement contained a clause to repay the deposit amount to the petitioner once lease period expires.

After expiry of lease period in spite of many correspondences, defendant has not returned deposit amt.

Hence the petitioner filed a civil suit for recovery of amt.Now civil proceedings are started.

Now whether petitioner can file a cheating case against defendant under crpc

Devajyoti Barman (Expert) 11 February 2014
You may file but it is not a case of cheating and it is basically a civil dispute.
You may file criminal case only to put pressure on him so he comes forward for a compromise..

Advocate. Arunagiri (Expert) 11 February 2014
It is not a cheating case, so , no criminal case can be filed.

Rajendra K Goyal (Expert) 11 February 2014
Agree with the experts Devajyoti Barman and Advocate. Arunagiri ji.

varsha (Querist) 13 February 2014
Ok sir, thank you.

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