Claim for refunding due amount: criminal & civil procedure

Querist : Anonymous (Querist) 20 September 2011 This query is : Resolved
A claim for refund the due amount in a matter of agreement for sale can be make through civil suit/procedure in a court or through FIR in a police station. Can both procedures be followed parallely? If I lodge a FIR then I think case would be depend on police investigation. The opposition is influential and it is very possible that he will influence the police and make pressure on him for improper investigation and weaken the case. If this happens then what I can do? Will any space/roll remain for me to present my position and arguement and contend the wrong version of police or case will be totally depend on police theory.

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ajay sethi (Expert) 20 September 2011
what were the terms and conditions of agreement of sale? did the agreement mention that in event sale not being completed with in span of say 6 months earnest money would be refunded?

or did it say that earnest money would be forfeited?

if there is a clause for refund in agreement then file civil suit