Ni act

rajan chopra (Querist) 14 April 2013 This query is : Resolved
Complainant filed criminal and civil suit following a cheque bounced of 20000.Criminal case was compounded with cheque amount.Civil suit of 27000 as 7000 is interest for 3 year period is still going on.What will be the effect of compromise in criminal case on civil suit?

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Devajyoti Barman (Expert) 14 April 2013
If both the cases were pending between the same parties then I fail to comprehend why only one case was compromised.
Both the cases should have been compromised and withdrawn.

Now the civil suit would proceed.

Advocate M.Bhadra (Expert) 15 April 2013
No need to proceed the civil suit,compromised is better.

Raj Kumar Makkad (Expert) 15 April 2013
The matter of interest shall run in civil suit and the compromise of the criminal case shall not automatically get the dismissal of the civil suit.

DEFENSE ADVOCATE.-firmaction@g (Expert) 15 April 2013
In case of conviction civil liability remains.

But in this case the matter is compounded so the instrument must have been cancelled so with that the civil case will not survive.

Since you have to produce document that is cheque and cancelled cheque is no evidence.

Arun Kumar Bhagat (Expert) 15 April 2013
Civil suit for Rs.7000/- shall continue.

Raj Kumar Makkad (Expert) 16 April 2013
The civil suit is not for the recovery of the cheque amount rather is for the interest which don't require even the original cheque rather the proceeding of the criminal complaint shall suffice the evidence hence it shall definitely run.

DEFENSE ADVOCATE.-firmaction@g (Expert) 16 April 2013
Well many experts have given their opinion now Mr chopra pl tell us what exactly has happened actually in court for your civil case.

V R SHROFF (Expert) 16 April 2013
In civil suit, The Respondent[ accused of 138 ni ] will produce the proof of payment of claim amt, So civil judge will pass order on interest + cost of suit +adv fees etc, [say 10 in ur case ] as a extra amt..