Cheque limitation .

Dear Friend

Civil and criminal cases both are differant cases. One for punish the accused and another is recovery for your cheque amount. Complainant can file bothe cases in same time. But recover said cheque amount fron one case only.

Hi , 

 My problem and question is that limitation to file civil suit is alive or time barred.

It is time barred now.

To Mr Singla

civil case is time barred now.

To Mr Prajapati

But recover said cheque amount fron one case only.

I am afraid this is not right. For example if the cheque amount is Rs. 1.0 Lac, the complainant can get full recovery with interest etc in civil case, criminal case which is punitive (not recovery) can have 2 years imprisonment + 2 Lacs compensation irrespective of civil order. It does not happen, but legally it is possible.

But If complainant won civil case first and recover all amout of said checque with interest which fixed civil court. Than in this case if criminal court passed order for imprisonment with direction to accused to return said chwque amount. In this way complainant can't get said cheque amount with any compensation.

This is my mean to previous suggestion.

Legally the decision of civil court has no bearing on criminal case. Moreover Criminal Court cannot order any return of amount based on civil case decision.

It is possible that the civil court orders for recovery, while criminal court orders compensation with jail term.

General view is that once the recovery is completed with civil case, then criminal court tends to be lenient and also it becomes a fit case for compounding.

Yes, In the payment to complainant of compensation for any loss caused by offence, this compensation can be recover in civil court. its correct

But If civil court passed first order in favour of complainant and he recover said amount with interest than in this situation after civil court order if criminal court passed order in favour of complainant than can again complainant  recover said amount as compensation again.

This will be double gain of said cheque amount from one case in two court, Court will not allow.

describe with defination & citation if any.

Yes, Mr Prajapati is Correct

1. Civil court rules in favor of complainant with interest etc.... Complainant got the money, civil case over.

2. Criminal case still pending, obviously accused would try to compound or appeal for dismissal as the money already paid.

3. If the complainant still persists, the case may continue.

4. Now the criminal court knows that complainant got the money, so the court tend to be lenient towards accused.

5. But court can still order upto 2 years imprisonment and upto 200% penalty, that is the legal position. We must not forget that criminal court is not for recovery, it is the punishment both in terms of jail and financial penalty. The entire money of the penalty even need not go to complainant. 

Hi Friends , There is no one on my question , let me exploain again;

I m in litigation of 138 with accused from last 5 years , still case is pending in court , but i never made any civil proceeding against accused in last 5 years as recovery suit . At this moment or on loosing my complaint  , can i make civil case for recovery on accused or not .

Thanks.......... 

now civil suit is time barred

but you can take an attempt if you prove that you were prevented by wrong advise