Limitation

NAVDEEP SINGH SRAN (Querist) 05 May 2012 This query is : Resolved
A obtain money 20 lac from B on 1 jan 2010 by fraud.FIR registered under cyber law act 2000 on 1 jan 2012.[1]recovery suit should file after or before the decision of the court?[2]if decision of the court will arrive in 2014-15,the 3 year limitation period or recovery will be started from jan 2010 or after the decision of the court[3]if recovery suit file before the FIR ,whats type of change in the nature of the case

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ashutosh mishra (Expert) 06 May 2012
Fraud is a criminal as well as a civil wrong.

Both proceedings can go independently side by side, hence no limitation benefit would be available on the ground of pendency of the criminal proceedings.

Hence the suit for recovery must be filed with in three years from the date of disclosure of fraud stated in the FIR.No single day delay should occur.

Anirudh (Expert) 06 May 2012
If you want to recover the money, then you should file a civil suit within period of limitation (limitation will count from the cause of action and not from the date of decision in the criminal case) without waiting for the outcome in the criminal proceedings.

ashutosh mishra (Expert) 06 May 2012
Was my answer incorrect sir Anirudh!

Anirudh (Expert) 06 May 2012
Dear Mr. Ashutosh,
You are absolutely right.

adv. rajeev ( rajoo ) (Expert) 06 May 2012
If you want to file a civil suit for recovery of money then within 3 years from the date of transaction you will have to file.

ashutosh mishra (Expert) 06 May 2012
obliged sir!

V R SHROFF (Expert) 06 May 2012
must issue notice & file civil suit for recovery within 3 years , on or before 31-12-12.
considering Christmas vacation srt 24-12-12, try file suit on or before 21-12-12(Friday)to be on safer side.