Civil and criminal remedy
alleged
(Querist) 22 November 2011
This query is : Resolved
Can a single cause of action be raised before criminal and civil courts simultaneously, for obtaining criminal and civil relief seperately ?(the case involves fraud, cheating & forgery)
How will civil court deal with the matter, while the criminal case is pending side by side ?
Can civil relief be granted before conclusion of criminal case, if the court observes prima facie in the favour of petitioner or is it bound to wait for judgment of criminal court ?
In such case, is judgment of criminal case relevant in civil case, raising similar grounds ?
If civil court holds an enquiry in the matter, what is the effect/relevance of such enquiry/investigation upon the criminal case for same cause of action ?
(However, section 44 Indian Evidence Act 1872 makes both courts non competent for opposite relief)
ajay sethi
(Expert) 22 November 2011
yes both civil and criminal cases can be filed . as for instance on account of cheque bouncing civil suit lies for recovery and criminal case for punishment .
court is not concerned with pendency of criminal case .
civil relief can be granted as for instance decree in civil case case for cheque amount with interest .
in criminal case you cna rely upon decree to show that court is of the view that amount was recoverable from defendant and that there is debt due and payable .
ajay sethi
(Expert) 22 November 2011
In M.S. Sheriff and Anr. Vs. State of
Madras and Ors., MANU/SC/0055/1954, rejecting the argument that simultaneous
prosecution for perjury and the civil for damages for wrongful confinement would
embarrass the accused and considering the question as to which of the proceedings
should be stayed, the Apex Court while opining that as between the civil and criminal
proceedings, the criminal matters should be given precedence, observed ``that a civil suit
often drags on for years and it is undesirable that a criminal prosecution should wait till
everybody concerned has forgotten all about the crime. The public interests demand that
criminal justice should be swift and sure; that the guilty should be punished while the
events are still fresh in the public mind and that the innocent should be absolved as early
as is consistent with a fair and impartial trial.'` 17. In a recent decision in V.M. Shah Vs.
State of Maharashtra and Anr., MANU/SC/0087/1996, the Supreme Court has re-
emphasised the need for giving preference to the criminal proceedings. 18. The settled
principle of law, thus, is that there is no constitutional or legal bar or prohibition for both
the civil as well as the criminal proceedings, to go on simultaneously. There is no rigid
straight-jacket fixed formula for staying proceedings in a criminal case while civil
proceedings are pending and it would depend on the facts of each case.
ajay sethi
(Expert) 22 November 2011
In Iqbal Singh Marwah and Anr. vs. Meenakshi Marwah and Anr. AIR 2005 SC
2119, Supreme Court observed that both civil and criminal proceedings in respect of an
incident can go ahead simultaneously. There is neither any statutory provision nor any
legal principle that the findings recorded in one proceeding may be treated as final or
binding in the other, as both the cases are to be decided on the basis of the evidence
adduced therein.
11. Similarly, in P.Swaroopa Rani vs. M. Hari Narayana @ Hari Babu, AIR 2008 SC
1884 Supreme Court observed that criminal proceedings and civil proceedings can
proceed simultaneously and there was no statutory bar on two proceedings being
conducted simultaneously.
alleged
(Querist) 22 November 2011
I NEVER EXPECTED SUCH A TREMENDOUS EFFORT AND GUIDANCE AT THIS SITE BY LD. EXPERTS AS " AJAY SETHI JI" DID.
IT'S A BOON FOR PEOPLE LIKE US.
I AM REALLY OBLIGED BY SUCH SINCERE EFFORT BY LD. AJAY SETHI JI AND MY BEST WISHES & REGARDS FOR HIM.
THANKS A LOT.
Rajeev Kumar
(Expert) 22 November 2011
I agree with view of sethi
Rajeev Kumar
(Expert) 22 November 2011
I agree with view of sethi
Kiran Kumar
(Expert) 22 November 2011
well advised by Mr.Sethi.
a civil court finding may have bearing upon the criminal court...but a finding given in criminal matter will not affect the merits of a civil case.
alleged
(Querist) 23 November 2011
Dear Kiran,
Does the law narrated by you still prevails in view of the citations quoted by Mr.Sethi?
(Iqbal singh's case..........)
Shonee Kapoor
(Expert) 23 November 2011
I disagree with Kiran Kumar and agree with mentioned expert opinion of Ld. Mr. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate. Arunagiri
(Expert) 23 November 2011
Civil courts findings may be relevant in terms of immovable property related issues.
In all other issues, the criminal court is not bound by the findings of the civil court.
prabhakar singh
(Expert) 24 November 2011
Mr. Sethi hardly leaves any room for others.
