type of case
abdul rahaman
(Querist) 03 December 2009
This query is : Resolved
If Mr.A entered into contract with Mr.x,Mr.Y and Mr.z to supply coffee seeds by giving advance money since 2 years and after several transactions ,if Mr.A filed a criminal case instaed of civil case treating as 420,cheating case.What is the remedy to rectify and challenge such wrongful act of Mr.A?
2What is the diffence of legality in accepting the civil or criminal case?
3.What is the emedy if both civil and criminal aspects are involved in one case?
N RAMESH.
(Expert) 04 December 2009
facts are nor clear. need more particulars.
adv. rajeev ( rajoo )
(Expert) 04 December 2009
Itz a breach of contract, civil suit lies to recover the money. But criminal case will also be filed with an intention to harrash the person against whom complaint is filed stating that non supply amounts to cheating etc.,
In my opinion it is purely civil case.
Raj Kumar Makkad
(Expert) 04 December 2009
Civil and criminal are two aspects of each matter. if any law of land with criminal intension, preparation has been committed then criminal offence has been primarily established and in such event the person affected can file criminal case either through police or through private complaint.
Civil rights are separately than criminal offence. if the civil rights of any person have been affected then he can exhaust the civil remedy and if both the rights in one action have accrued to any person then he may adopt both the ways and there is no hurdle before him. He can file civil as well as criminal cases against the respondent/accused.
