farooq (Programmer) 15 March 2015

Cheating case with injunction order

Hello Sir, We had a cheating case lodged on my uncle for selling our land without our notice in 2010, it is due for final notice in this month, in our last hearing the defense lawyer said it was a civil case as we took injunction order before filing cheating case, so defense lawyer asked judge to dismiss our petition based on these terms. Is it possible to dismiss out case? If the judge dismiss the case what should we do next? Please help me in this regard. Thanks, Farooq.

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2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 17 March 2015

Depends on the alleged facts. If he sold the land despite injunction, then it is a case of contempt not cheating. But if land was soled without title, then the case is that of cheating.

Plz state the stage at which the criminal case is pending

Augustine Chatterjee

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T. Kalaiselvan, Advocate (Advocate) 17 March 2015

The civil case and criminal cases can go ahead simultaneously, there is nothing wrong in it. The defence lawyer may project many things to defend his client, it is your lawyer who has to counter the allegations. The criminal case has got nothing to do with the pending civil case and the cause of action for both are different hence need not worry about it.