liz (-) 13 June 2011

FIR complications

Seller has taken sale agreement amount for immovable property, not ready for sale, not returning any money (not according to aggreement even)... also given false information regd said property.

Can I go for criminal suit to get money back?

What are the complications faced with filing of an FIR? Once an FIR is filed, will it cause any kind of problems for a civil suit or a criminal suit?

Can a civil and a criminal suit be filed together?

Is it true that criminal courts have no jurisdiction to reward money back? even the exact amount that was given?

Would appreciate help very much...

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4 Replies

(Guest)

1. a criminal case of cheating will lie in criminal court

2. a suit for recovery of money with interest. based on the sale agreement before the civil court having jurisdiction

3. Criminal is only for punishment. But the criminal court can award compensation. But it will exceed thelimits of a judicial magistrate/m.m court.

4. better to proceed simultaneously in civil and criminal

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 13 June 2011

Your transaction have two approaches. One is criminal vide which it can be said that seller committed a fraud with you as he had already sold the property in favour of some other or e fradulantly shown some other property of he fradulantly obtained money from you and a FIR can be got lodged to punish him accoding to law. There is no question of directing seller to return money in such case.

Second aspect is civil. In this matter you can file either suit for specific performance or suit for recovery.

Arvind Singh Chauhan (advocate) 13 June 2011

Ganeshan Sir has explained very well.

liz (-) 14 June 2011

Also, just to confirm... you say that a civil and a criminal suit be filed together... and would be better? which would be faster?

Wondering if, false area advertised in online sites and false carpet area sent to me by email are enough proof for criminal proceedings?

Also, I mainly want my money back... would it be better to go for a civil suit? Would it be very problematic to go for a criminal suit to get the money back? Is there a chance that I might NOT get my money back in a criminal suit?

In either criminal or civil suit, is it possible to also get the lawyer expenses from the suits?