Whether same criminal complaint is admissible in two courts
Mahesh Chand Gupta
(Querist) 28 December 2012
This query is : Resolved
A private limited company was registered on 09.09.1999 to start a bricks kiln with four directors Amirool, Jiya, Abdulla and Akhtar. Abdulla died on 01.06.2000 and his son Ayub became director on 24.08.2000. Company could not work and an application u/s 560 of Companies Act was made by directors before Registrar of Companies on 29.03.2004. Account among the directors was settled on 20.09.2004 and due amount was exchanged by the directors among them. On 20.03.2005, a criminal case u/s 34, 417, 418, 420, 406, 379, 411, 504, 506 was filed by Akhtar against Amirool, Jiya and Neelam Rani Advocate and Mahesh Chand Gupta, Chartered Accountant in Hapur Court stating that Amirool and Jiya cheated me with the help of Neelam and Mahesh. Statement u/s 200 was recorded by Akhtar and 202 was recorded by Guljar, younger brother of Ayub. On 25.03.2005, Guljar filed a criminal case u/s 34, 379, 411, 417, 418, 420, 467, 468, 471, 477 against Amirool and Neelam and Mahesh in Ghaziabad Court stating that Mr. Amirool has cheated with the help of Neelam and Mahesh. Statement u/s 200 was recorded by Guljar and 202 was recorded by Akhtar. In both these cases, court summoned all the accused. Is it legal to file same complaint in two courts and a person giving statement u/s 200 in one court is giving statement u/s 202 in another court in the same case and the advocate of both the cases is same.
Nadeem Qureshi
(Expert) 29 December 2012
Dear Mr. Gupta
the cause of action and the content of the complaint is same but the complainant and accused are not same. in First complaint the complainant is Akhter and accused is Amirool, Jiya, Neelam and Mahesh and in second complaint the complainant is Guljar and accused are Amirool, neelam and Mahesh.
so complaint is maintanable.
Feel free to call
Devajyoti Barman
(Expert) 29 December 2012
The case is fairly maintainable.
You did not disclose who are you involved in this case?
Raj Kumar Makkad
(Expert) 02 January 2013
No. It can be filed before the one criminal court which has charge of the area within whose jurisdiction the alleged crime had taken place.
