Recovery Suit against accused after punishment for theft

Manish Kumar Gupta (Querist) 06 August 2010 This query is : Resolved
Dear All.

I need to know, if we can file any civil recovery suit, against any culprit/accused get punished for theft 379/380 IPC.

Please suggest.

Regards,
Manish

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Guest (Expert) 06 August 2010
YES YOU CAN ALSO FILE A CIVIL SUIT FOR COMPENSATION AND DAMAGES AND RECOVERY OF PROPERTY.KINDLY NOTE THAT CIVIL SUIT IS ALSO MAINTAINABLE AND CRIMINAL COMPLAINT CAN ALSO BE FILED.
GOOD LUCK.

DEFENSE ADVOCATE.-firmaction@g (Expert) 06 August 2010
evidence in criminal trial not admisible in civil cases.

Rajeev kulshreshtha (Expert) 06 August 2010
YES, YOU CAN FILE A CIVIL SUIT BUT YOU HAVE TO PROVE YOUR CASE WITHOUT REASONABLE DOUBT YOU CANNOT TAKE BENEFIT OF PUNISHMENT ORDER U/S 379.

s.subramanian (Expert) 06 August 2010
yes. the scope of enquiry in a civil suit is entirley differnet. i agree with shashi and rajeev.

A. A. JOSE (Expert) 07 August 2010
Yes, you can resort to both criminal and civil remedies please.

masood ausaf (Expert) 08 August 2010
I agree with the other experts. You can file the recovery suit and the criminal case simultaneously as the both civil and criminal proceedings are independent of each other and can be invoked at the same time. In the criminal proceedings the court can only sentence/fine the accused as per law but for recovery of your amount you have to file the recovery/civil suit/case.

AJAY K KULSHRESTHA (Expert) 11 August 2010
IN AGREEMENT WITH ALL EXPERTS BE AWARE OF LIMITATION FOR FILING SUCH SUIT/CR. CASE

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