Theory and Practical are two different things in such situation
Theory --- Yes you can file both
Practical --- My experience of handling such case indicate that when investigation reach next stage , you first notice all names are fake . All address are fake, All organization are fake, Even if registered organization some where then also they are in complete default list of Registrar. If you start checking their address from registrar that too are fake . And you end up in situation where they simply have disappeared .
If you go by civil case /consumer court maximum you get Ex - Partee order what is future from where Decree will be executed because they are invisible . From Money to recover No assets , no man in front of you. Rather situation is that question which comes in front of person whether that person name was real person.
After some time if they are criminals if you get of people who presented you all things , you may come to conclusion even if you get they too are employee who don't know who are their boss. Only one or two may know the boss and that boss must be sitting with you people , who himself may be paying money to get job.
This is all my experience of such criminals . If indeed they are criminals and cheaters.
Further they don't have any permission of any authorities in India. If they produce some certificate that too like Shop keeper license , some Registered company with fake address. Eventually Directors of company turns out to be sweeper if ever found.
So such people better handle them with guidance of EOW (Police)
Consumer court /civil case is for those people who are not criminal and can be found or geniune , where there is indeed consumer dispute in service or civil dispute due to tort .
Proffessional criminal when get such notice , just laugh out because they too have team of advocate ready to guide them , They are expert in Cr. P.C. and all matter because it is never their first crime .
So in my conflicting opinion with others ----- I would suggest move with EOW and try to get hold of those criminal and find whether they are real criminal or not. Chances are that if you reach them you will find already 2 dozenes of different fraud cases are with them .