sachin (GM) 08 April 2016

Can i keep civil case pending till criminal case is decided

I have filed a Criminal case of fraud and cheating on a Company and also need to file Civil case for recovery of the Money. FIR has been lodged and investigation is on and needs to be prooved that the fraud and cheating, forgery has happened. I want to have my criminal matter peceed than civil case as the outcome of one will affect the other . If I start my Civil case for recovery of money to avoid the time barred Limitation of 3 years, I will face problem as the Fraud / forgery still needs to be established in Criminal case. What shall I do?

Can someone suggest me the Judgement where I can keep the civil matter pending till Criminal case is pending?

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2 Replies

Pawan S (Advocate) 09 April 2016

There is no standard rule that a civil case should be stayed before a criminal case is finished on same grounds.

The standard of proof required in the two proceedings are entirely different. Civil cases are decided on the basis of preponderance of evidence while in a criminal case the entire burden lies on the prosecution and proof beyond reasonable doubt has to be given.

Whether civil proceedings or criminal proceedings shall be stayed depends upon the fact and circumstances of each case,but that the matter was entirely one of discretion of the court to be exercised having regard to the merits and all the circumstances of the case.

Regards,
Ekta